Pakistan Case Lawโ† Search
1996 SCMR 928

MASHA KHAN vs CHAMNAI KHAN and another

Citation1996 SCMR 928
CourtSupreme Court of Pakistan
Case No.Criminal Petition No. 80 of 1994
Date1994-12-21
Judge(s)Sajjad Ali Shah, Zia Mahmood Mirza, Muhammad Munir Khan
ResultLeave granted

ORDER

SAJJAD ALI SHAH, C.J.---Respondent Chamnai Khan was tried for offence under section 302/34, P.P.C. And was convicted and sentenced to life imprisonment with a fine of Rs.50,000 or in default R.I. For three years. He was directed to pay compensation of Rs.40,000 to the legal heirs of the deceased or in default to suffer R.I. For six months. Co-accused Qadir absconded. The Peshawar, High Court has allowed the appeal and set aside the conviction and sentence on the ground that the eye-witnesses are related to the deceased and that there was not enough corroborative evidence to make out a case for conviction, hence benefit of doubt was extended.

2. It is submitted before us that both the parties are closely related and that it is admitted fact that there was dispute between them over the property. High Court has not given proper weight to the corroborative evidence of absconsion and has not considered the statement of Mir Alam Khan, who was murdered during trial proceedings, and whose -statement was recorded under section 512, Cr.P.C. In absconsion proceedings. Leave is granted t examine whether the High Court have appraised the evidence in accordance with A the sound principles laid dawn for administration of criminal justice. Bailable warrants be issued in the sum of Rs.20,000 with the surety and P.R. In the like amount. 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.

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