Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MANZOOR AHMAD VS Respondent: STATE
1988 S C M R 359
1988 S C M R 359
Present: Nasim Hasan Shah, S. A.Nusrat and Ali Hussain Qazilbash, JJ
MANZOOR AHMAD‑‑Petitioner
versus
THE STATE and another‑‑Respondents
Criminal Petition for Leave to Appeal No.30 of 1983, decided on 24th November, 1987.
(From the judgment of the High Court dated 19‑12‑1982 passed in Murder Reference No.220 and Criminal Appeal 561 of 1979).
Penal Code (XLV of 1860)‑‑
‑‑Ss.302,376 & 404‑‑Constitution of Pakistan (1973), Art.185(3)‑ Petition against acquittal‑‑Conviction of respondents based on last seen evidence, extra‑judicial confession, recoveries and medical evidence‑‑nigh Court noticing that occurrence took place much before time alleged by prosecution, acquitted accused‑‑Supreme Court on examination of evidence upheld acquittal and refused leave to appeal.
Ch. Khan Muhammad Bajwa, Advocate Supreme Court and S.Abid Nawaz, Advocate ‑on‑Record for Petitioner.
Kh. Muhammad Asghar, Advocate Supreme Court and Ejaz Ahmad Khan, Advocate‑ on‑Record for the State.
Date of hearing: 24th November, 1987.
ORDER
S.A.NUSRAT, J.‑‑Manzoor Ahmad, petitioner/ complainant, has brought this petition for leave to appeal from the impugned judgment of the learned High Court whereby the respondent Falak Sher was acquitted of the charge under sections 302,376 and 404, P.P.C. for committing the murder of Mst. Munawar Bibi. The respondent was tried by the Additional Sessions Judge, Qasur, convicted and sentenced to death under section 302, P . P . C . with fine, imprisonment for life under section 376, P.P.C. and three years R.I. with fine under section 404, P . P . C .
2. Admittedly, it was an unwitnessed crime and the conviction was based by the trial Court on the last seen evidence furnished by P.W. Nawab, extra‑judicial confession of the respondent before Manak P . W . , the recoveries and the medical evidence.
3. The learned High Court found that the most important point for determination in the case was, as to how long before recovery of dead body, Mst. Munawar Bibi was done to death. The dead body was found to be in extreme state of decomposition from which it was inferred by the learned High Court, and rightly so when looked into the background of the evidence, that the occurrence had taken place much before the time as alleged by the prosecution. In order to satisfy ourselves, we have also examined the evidence in the case and find that other pieces of evidence are also such as would not have warranted conviction of the respondents.
In this view of the matter, we find no substance in this petition, which is dismissed.
M. I. /M‑279/S Petition dismissed.