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2011 SCMR 1428

JUMMA vs THE STATE

Citation2011 SCMR 1428
CourtSupreme Court of Pakistan
Case No.Jail Petition No, 176 of 2008
Date2009-04-03
Judge(s)Sheikh Hakim Ali, Muhammad Moosa K. Laghari
ResultLeave granted

ORDER

' This jail petition for leave to appeal arises out from the judgment dated 2-7-2008, passed by the Lahore High Court, Bahawalpur Bench, Bahawalpur, whereby sentence of death awarded to the petitioner by learned Sessions Jude, Rahimyar Khan for causing the murder of Mst. Ganwar Mai and injuries to informant, namely, Muhammad Afzal, was confirmed and the Murder Reference was replied in affirAmative.

2. Learned counsel contends that death sentence was awarded on the statement of single eye- witness viz. The complainant Muhammad Afzal, whose evidence is not of unimpeachable character. The said witness does not appear to be credible and trusted to be true. There is a conflict between the ocular evidence and the medical evidence.

3.After hearing the learned Advocate Supreme Court for the petitioner and learned DPG, we are of the view that the evidence IA requires to be reappraised. In the circumstances, leave is granted.

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