SOHAB vs SIRAJ DIN AND 6 Other — 1971 SCMR 714

Citation: 1971 SCMR 714

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: SOHAB vs SIRAJ DIN AND 6 Other

Headnotes

Case cited as 1971 SCMR 714

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: SOHAB vs SIRAJ DIN AND 6 Other Case No.:Criminal Revision No. 1210 of 1970 Petition for Special Leave to Appeal No. 112 JUDGMENT Reported As: 1971 SCMR 714 Result: Petition dismissed Judgment JUDGMENT SALAHUDDIN AHMAD, J-- This petition for special leave to appeal is from an order of the Lahore High Court refusing to interfere with an order of acquittal. Respondents Nos. 1 to 6 were tried for conspiracy to murder Waryam, deceased son of the petitioner, but were acquitted by the learned Sessions Judge, Mianwali. The petitioner accordingly moved the High Court in revision but failed. The prosecution relied on the ocular evidence of Court witnesses, the motive for the crime and recoveries of weapons from the accused persons as well as recovery of some crime empties from the spot. The learned Sessions Judge found all the eye-witnesses not only closely related to the deceased but also inimical towards the accused persons and on a consideration of their evidence, the learned Judge felt that they did not inspire confidence. So' far as the recoveries are concerned, apparently they were not relied on by the prosecution itself in view of the fact that the empties were not marched with the weapons recovered from the accused persons. It has been contended before us that one of the eye-witnesses, accused P. W. 9' Muhammad Sadiq also being related to the persons, should…

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