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1983 SCMR 102(2)

MUHAMMAD AKHTAR vs MUHAMMAD IJAZ Alias JAJJU AND Other

Citation1983 SCMR 102(2)
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Special Leave to Appeal No. 249 of 1981 Criminal
Date1982-06-15
Judge(s)Nasim Hasan Shah, Muhammad Afzal Zullah, Shafi-ur-Rehman
ResultN/A

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.-After hearing the learned counsel for the petitioner, we deem it necessary to issue notice to the respondent inter alia on the following points urged from the petitioner's side:-

(a) That the testimony of Muhammad Saleem P W-5, a passer-by who is stated to be an independent witness, furnished direct evidence of dying declaration ; both against Ijaz and Nawaz accused, as also corro--boratory evidence qua the other ocular evidence ;

(b) that Ijaz accused had minor injuries on his person and as stated were contemporaneous in origin, with the time of occurrence and that they furnished strong circumstantial evidence against him ;

(c) that Ijaz respondent had also a strong motive ; and

(d) that there was sufficient evidence for examination, against the respon--dents in the State appeal against acquittal which stands admitted against Muhammad Nawaz one of the accused persons.

2. Mr. Mahmood Ahmad Qureshi, Advocate-on-Record for the respondents accepts notice. Let the matter come up for hearing on 19-6-1982.

3. Notice Issued.

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