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Petitioner: MUHAMMAD ABBAS VS Respondent: MUHAMMAD YAQOOB and others
Court Name: Supreme Court of Pakistan Judge(s): Qazi Muhammad Farooq, Sardar Muhammad Raza Khan, Munir A. Sheikh Title: MUHAMMAD ABBAS vs MUHAMMAD YAQOOB and others Case No.: Criminal Appeal No,289 of 1995 Date of Judgment:2002-05-08 Reported As: 2004 SCMR 207 Result: Appeal dismissed
JUDGMENT
JUDGMENT ' MUNIR A. SHEIKH, 1.----This appeal by leave of the Court is directed against the judgment dated 2- 11-1994 passed by the .Lahore High Court, whereby the appeal filed by the respondents/convicts against their conviction and sentence under section 302/34, P.P.C. Has been accepted and they have been acquitted of the charge. 2. The main reason which prevailed with the learned Division Bench of the High Court was that the presence on the spot of the two eye-witnesses, namely, Muhammad Mansha P.W.7 and Muhammad Abbas P.W.4 was not proved as they were not natural witnesses. Muhammad Abbas in his evidence has admitted that usually he did not accompany his father while bringing the milk from village but he was accompanying his father on the day of occurrence ,on his own request. Muhammad Mansha who is the other eye-witness admitted that he closed his shop situated in Sheikhupura earlier than the routine closing hours because he wanted to go to his village in the company of Muhammad Sardar who was murdered some days after the occurrence. It is in the evidence of P.W.11 who is the Investigating Officer that there were other passages to approach the village which were shorter than the passage which Muhammad Mansha and other witnesses used on the day of occurrence. Neither the recovery of the weapon of offence in this case could be given any credit as the same set of witnesses were the recovery witnesses and the presence of eye- witnesses Muhammad Mansha and Muhammad Abbas was also not natural at the spot. It appears that the murder in fact took place somewhere else and the dead body of the deceased was thrown in the Nullah where it has been alleged that the occurrence took place. 3. After examining the record and hearing the learned counsel for the parties, we are of the considered view that the findings recorded by the learned Division Bench of the High Court are in
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accordance with the principles laid down by the superior Courts for safe administration of criminal justice and the same do not suffer from any illegality. The grounds which prevailed with the High Court are neither fanciful nor they are shocking to the conscience. 4. For the foregoing reasons, we do not find any merit in this appeal which is accordingly dismissed.