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2000 SCMR 1580

DRAZ and anothers vs THE STATE

Citation2000 SCMR 1580
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Leave to Appeal No.254-L of 1998,Cr1. Appeal No.489 of
Judge(s)Muhammad Arif, Raja Afrasiab Khan, Sh. Riaz Ahmad
ResultLeave granted

1. ' RAJA AFRASIAB KHAN, J.---On 234-1991 at 10-30 a.m., a case under section 302/34/120-B, P.P.C. was registered with Police Station Piplan, District Mianwali on the statement of Karim Bukhsh against Draz, Shah Nawaz and Ghulam Hussain for the murder of Muhammad Ramzan. An Additional Sessions Judge, Mianwali vide his judgment dated 9-5-1992 convicted Shah Nawaz and Draz under section 302/34, P.P.C. and sentenced them to imprisonment for life as 'Tazie plus to pay Rs.25,000 (rupees twenty five thousand) each to the legal heirs of the deceased under section 544-A, Cr.P.C. as compensation or in default to undergo R.I. for six months each. The accused were acquitted of the charge under section 120-B, P.P.C. Ghulam Hussain accused was acquitted of the charge under section 302, P.P.C. On appeal and revision, the High Court vide its judgment dated 3-6-1999 upheld the conviction of the petitioners. The amount of compensation was reduced from Rs.25,000 (rupees twenty-five thousand) to Rs.10,000 (rupees ten thousand) or in default to suffer R.I. for six months each. This is a petition for leave to appeal against the impugned judgment of the High Court.

2. Learned counsel has submitted that Karim Bakhsh P. W.1 is the nephew of the deceased while Ghulam Akbar P.W.2 is his uncle. Both the witnesses are, therefore, interested and their evidence is surely in need of corroboration which is missing from this case. It is added that recovery and motive have not been proved by the prosecution. Learned counsel has submitted that the prosecution has not been able to prove its case against the petitioners beyond reasonable doubt.

3. The points raised by the learned counsel need examination. Leave is, therefore, granted to reappraise the prosecution evidence to ensure fair administration of justice.

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