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1996 SCMR 1122

ASLAM vs THE STATE

Citation1996 SCMR 1122
CourtSupreme Court of Pakistan
Case No.Jail Petition No, 162 of 1991
Date1994-05-07
Judge(s)Fazal Ilahi Khan, Saeeduzzaman Siddiqui
ResultLeave granted

ORDER

1. ' FAZAL ILAHI KHAN, J.-Leave to appeal is prayed for in this case against the judgment of Lahore High Court dated 1-4-1986; whereby, the convict's appeal was ismissed and the death sentence and fine of Rs,10,000 was confirmed.

2. ' The occurrence was reported by Rahim Bakhsh, father of Muhammad Yar deceased, on 25-7-1984 at 7 a.m. In Police Station Dipalpur, District Okara in which it was alleged that on the night between 24th/25th of July, 1984 the deceased was asleep in front of his shop while he along with his other son; namely, Zulfiqar had gone to the tube well for irrigation of his land. It was at about 2-30 a.m.

3. That while they were returning to their house and on reaching near the shop of the deceased he heard hue and cry. When he approached he noticed that Muhammad Aslam was giving stab blows to Muhammad Yar deceased. On seeing them both the accused decamped from the spot but left his shoes there. The deceased expired after a while on the spot. It was further alleged that the sister of Muhammad Aslam appellant was married to his son Ahmed Din and as a "Warta Satta" his daughter Mst. Allah Rakkhi was betrothed to Muhammad Akram, the younger brother of Muhammad Aslam. As Muhammad Akram was a loafer he married his daughter some wilier else.

4. This annoyed Muhammad Aslam. After completion of investigation and trial of the accused. The trial Court believed the statements of aforementioned two P.Ws. Who are closely related to the deceased i,e, one is his father whereas the other is his real brother. Chhuri was recovered at the instance of the accused; hence the deceased was found 'guilty of the offence beyond reasonable doubt and on conviction was sentence as stated above which was also confirmed by the high Court.

5. Leave is granted to Consider; whether, the High Court followed the principle of administration of criminal justice in relying on the statements of two interested witnesses in the circumstances of the case and in absence of any independent corroboration specially when the deceased has enmity with others' A and also keeping view the time of occurrence.

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