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Petitioner: RAJA VS Respondent: THE STATEHonorable Justice HAMOODUR RAHMAN
1969 P Cr
1969 P Cr. L J 186
[Supreme Court]
Present : Hamoodur Rahman and Muhammad Yaqub Ali, JJ
RAJA‑Petitioner
Versus
THE STATE‑Respondent
Jail Petition for Special Leave to Appeal No. 63 of 1968, decided on 12th October 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 5th July 1968, in Criminal Appeal No. 262 of 1967/Murder Reference No. 64 of 1967).
Penal Code (XLV of 1860)-------S. 302‑Eye‑witnesses all near relations of deceased but otherwise natural witnesses who could be expected there‑Testimony corroborated by (i) extra judicial confession ; (ii) recovery of hatchet and shirt stained with human blood; and (iii) testimony of two other witnesses‑Evidence, held, correctly relied upon by lower Courts‑Special leave to appeal refused by Supreme Court.
Dates of hearing : 9th and 10th October 1968.
JUDGMENT
HAMOODUR RAHMAN, J.‑The petitioner has been convicted for the murder of one Sammun and for causing grievous injuries to the latter's son and daughter while they were all sleeping in their own house. The incident took place at pichle sotewela on 1‑5‑1966 which was a moonlit night. It was witnessed by the two injured persons, the widow of the deceased and the wife of a brother of the deceased. It is true that they are all near relations of the deceased but they are natural witnesses who were expected to be there. They had no special motive to falsely implicate the petitioner leaving out the real culprit. The presence of the injured witnesses is in any way established beyond doubt. The only question is whether they have been rightly relied upon. I see no reason to doubt their veracity. Their testimony has been amply corroborated by the extra‑judicial confession made by the petitioner to Allah Bakhsh (P. W. 13), by the recovery of a hatchet and a shirt stained with human blood from the petitioner at the time of his arrest upon production by Allah Bakhsh, the medical evidence and the testimony of two other persons Yara (P. W. 11) and Sikandar (P. W. 12), who on being attracted by the hue and cry arrived immediately afterwards and saw the petitioner running away. Apart from these there is also strong motive for the crime. This evidence is overwhelming and I see no reason to doubt that it has been correctly appreciated by the Courts below. I would, therefore, dismiss this petition on merits after condoning the delay of 51 days.
The petition is dismissed.
MUHAMMAD YAQUB ALI, J.-----I agree.
Leave refused.