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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MAKHMOOD HUSSAIN and 3 others VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Nasim Hasan Shah Title: MAKHMOOD HUSSAIN and 3 others vs THE STATE Case No.: Criminal Petitions Nos. 98-R and 101-R of 1987 Date of Judgment:1988-12-20 Reported As: 1989 SCMR 778 Result: Leave granted
JUDGMENT
JUDGMENT ' GHULAM MUJADDID, J.--Two separate petitions for leave to appeal have been filed by Makhmood Hussain and three others (accused-convicts) and Abdul Hanif (complainant). ' In the former the convicts have challenged their conviction and sentence and the latter is for enhancement of sentence. Raja Muhammad Anwar argued that the medical evidence contradicts the ocular version. According to the post-mortem report, some of the injuries of the deceased had blackening and charring which suggest close range firing whereas according to the eye-witnesses account the firing took place from a long distance. ' It was further submitted that in the absence of any other reliable corroborative evidence the ocular testimony which is of interested type was not sufficient in law to sustain the conviction. ' The points need examination. ' Leave is accordingly granted. ' Simultaneously we would also like to consider the request of Abdul Hanif petitioner and accordingly grant leave to appeal in that petition as well.