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Petitioner: FAREED VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Sajjad Ali Shah, Muhammad Rafique Tarar Title: FAREED vs THE STATE Case No.:Criminal Petition for Leave to Appeal No, 541/L of 1993 and Jail Petition
No,32 of 1994 Cr. Appeal No, 250/1991 Date of Judgment:1994-05-11 Reported As: 1996 SCMR 453 Result: Leave granted Judgment ORDER ' MUHAMMAD RAFIQ TARAR, J.---While discussing the evidence of eye-witnesses the learned trial Judge observed as under:- "The eye-witnesses have changed their version on three occasions. While lodging the F.I.R. All the accused were charged for this offence. During the course of investigation, one Salehun was introduced as one of the murders through supplementary statements. In Court, the supplementary statements were disowned and the initial version of the F.I.R. Was adopted through this private complaint. In these circumstances, I am in agreement with the learned defense counsel that the complainant has failed to prove its case against Afzal, Munir, another Munir, Khalid and Akram beyond any shadow of doubt." Leave to appeal is granted to consider whether the evidence of two close relatives of the deceased (son and sister's son) which was not relied upon against as many as five acquitted co-accused could form a sound basis for the conviction of the petitioner particularly when it is prosecutions own case that there was background of previous enmity between the parties.