Pakistan Case Lawโ† Search
1989 SCMR 778

MAKHMOOD HUSSAIN and 3 others vs THE STATE

Citation1989 SCMR 778
CourtSupreme Court of Pakistan
Case No.Criminal Petitions Nos. 98-R and 101-R of 1987
Date1988-12-20
Judge(s)Ghulam Mujaddid Mirza, Nasim Hasan Shah
ResultLeave granted

1. ' GHULAM MUJADDID, J.--Two separate petitions for leave to appeal have been filed by Makhmood Hussain and three others (accused-convicts) and Abdul Hanif (complainant).

2. ' In the former the convicts have challenged their conviction and sentence and the latter is for enhancement of sentence.

3. Raja Muhammad Anwar argued that the medical evidence contradicts the ocular version.

4. According to the post-mortem report, some of the injuries of the deceased had blackening and charring which suggest close range firing whereas according to the eye-witnesses account the firing took place from a long distance.

5. ' It was further submitted that in the absence of any other reliable corroborative evidence the ocular testimony which is of interested type was not sufficient in law to sustain the conviction.

6. ' The points need examination.

7. ' Leave is accordingly granted.

8. ' Simultaneously we would also like to consider the request of Abdul Hanif petitioner and accordingly grant leave to appeal in that petition as well.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch