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1994 SCMR 1215

MUHAMMAD JEHANGIR alias BADSHAH and anothers vs THE STATE

Citation1994 SCMR 1215
CourtSupreme Court of Pakistan
Case No.Criminal Petition No,355/L of 1992 Cr. Appeal No,1050 of 1988
Date1993-03-27
Judge(s)Sajjad Ali Shah, Abdul Shakurul Salam
ResultLeave granted

ORDER

SAJJAD ALI SHAH, J.---Both petitioners Muhammad Jehangir and Muhammad Naveed alongwith two others faced trial on charges under sections 302 and 307/34, P.P.C. In the trial Court and in the result Latif was sentenced to death and fine while the remaining three were sentenced to imprisonment for life and fine. Later High Court had heard murder reference alongwith joint appeal and allowed appeal of Latif and Farooq and dismissed appeal of the present petitioners. It is contended that on the basis of same evidence, when two co-accused are acquitted, evidence is to be subjected to very careful and deep scrutiny justifying conviction against others.

2. It is to be kept in view that version of two injured eye witnesses is not believed in totality and participation of Latif in the incident was doubted on the ground that marriage of his sister took place on the same day. Likewise Farooq, who is alleged to have raised Lalkara and fired shot in the air also have been acquitted for want of corroborative evidence against him.

3. We, therefore, grant leave to reappraise evidence in the light of contentions raised and mentioned above. Office objection is that petition is barred by 147 days. Leave is granted subject to limitation. It is stated that there is bail application as well. Issued notice to the Advocate-General, Punjab, for hearing of bail application. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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