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Criminal Petition for Special Leave to Appeal No. 249 of 1981, decided on 16th June, 1982
(On appeal from the judgment and order dated 5‑4‑1981 of the Lahore High Court, Lahore, in Criminal Appeal No. 1110 of 1980).
Constitution of Pakistan (1973)
----Art. 185(3)‑Leave to appeal against acquittal‑Notice issued to respondents on points, among others, that testimony of a passer by stated to be independent witness furnished direct evidence of dying declaration against accused as also corroborated ocular evidence, that on accused having contemporaneous injuries such constituted circum stantial evidence against him, that one accused had a strong motive, and that sufficient evidence existed for examination against respondents in State appeal against acquittal.
R. A. A wan, Advocate Supreme Court with Muhammad Aslam Chaudhry for Petitioner.
M. A. Qureshi, Advocate‑on‑Record for Respondents Nos. I and 2.
Shujauddin Qureshi, Advocate Supreme Court and Ijaz Ahmad Khan for Respondent No. 3.
Date of hearing : 16th June, 1982.
.‑After hearing the learned counsel for the petitioner, we deem it necessary to issue notice to the respondent inter alia on the following points urged from the petitioner's side:-
(a) That the testimony of Muhammad Saleem P W‑5, a passer‑by who is stated to be an independent witness, furnished direct evidence of dying declaration ; both against Ijaz and Nawaz accused, as also corro boratory evidence qua the other ocular evidence ;
(b) that Ijaz accused had minor injuries on his person and as stated were contemporaneous in origin, with the time of occurrence and that they furnished strong circumstantial evidence against him ;
(c) that Ijaz respondent had also a strong motive ; and
(d) that there was sufficient evidence for examination, against the respon dents in the State appeal against acquittal which stands admitted against Muhammad Nawaz one of the accused persons.
Mr. Mahmood Ahmad Qureshi, Advocate‑on‑Record for the respondents accepts notice. Let the matter come up for hearing on 19‑6‑1982.
Notice Issued.
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