| Citation(s) |
|---|
| 2003 SLG 998 2003 SLD 998 2003 SCMR 914 |
Supreme Court of Pakistan
Criminal Petition No. 209 of 2001, decided on 20th March, 2002. (On appeal from the judgment of Lahore High Court, Rawalpindi Bench, dated 13-8-2001 passed in Criminal Appeal No. 98 of 1996, Murder Reference No. 188 of 1996 and Criminal Revision No. 57 of
NAZIM HUSSAIN SIDDIQUI AND MUHAMMAD NAWAZ ABBASI, JJ
M. Ilyas Siddiqui, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Petitioner. Nemo for the State
Criminal Petition No. 209 of 2001, decided on 20th March, 2002. (On appeal from the judgment of Lahore High Court, Rawalpindi Bench, dated 13-8-2001 passed in Criminal Appeal No. 98 of 1996, Murder Reference No. 188 of 1996 and Criminal Revision No. 57 of
NAZIM HUSSAIN SIDDIQUI AND MUHAMMAD NAWAZ ABBASI, JJ
M. Ilyas Siddiqui, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Petitioner. Nemo for the State
KHALID MEHMOOD
VS
THE STATE
Law: Pakistan Penal Code, 1860
Section: 302(a)
Law: Constitution of Pakistan, 1973
Section: 185(3)
Penal Code (XLV of 1860)--- ----S. 302(a)---Constitution of Pakistan (1973), Art. 185(3)---Occurrence was admitted by the accused although in a different manner---Nine inches long blood-stained Chhuri recovered from the accused was found to be stained with human blood---Injuries on the person of the deceased did not appear to have been caused by an ordinary knife in view of their size---Eye-witnesses were natural witnesses and their presence on the spot at the relevant time was not even challenged by the defence--Independent and disinterested ocular testimony was corroborated medical evidence and recovery of the Chhuri---Accused as a result altercation with the deceased after having become revengeful had caused successive injuries on the sensitive part of his body in a highly brutal manner killing him at the spot---Reprimand by the deceased Doctor to the accused for his negligence might be an element of provocation of a smaller degree, but it would not provide any justification to commit murder and plead mitigation for lesser punishment---Conviction and sentence of accused were maintained in circumstances and leave to appeal was refused to him by Supreme Court. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.---This petition for special leave to appeal under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 has been directed against the judgment, dated 13-8-2001 passed by a Division Bench of Lahore . High Court, Rawalpindi Bench, through which the Criminal Appeal No.98 of 1996 filed by the petitioner, and Murder .Reference No.188 of 1996 sent by the trial Court to the High Court under section 374, Cr.P.C. and also criminal revision filed by the complainant for payment of compensation were disposed of. The petitioner was charged for committing the murder of Dr. Saeed Ahmed, Incharge Rural Health Centre, Tamman, District Chakwal. The occurrence took place at 6-15 p.m. on 7-7-1995 within the premises of Centre and the case was registered at 7 p.m. on the same day through F.I.R. Exh.PGll, on the basis of statement Exh.PG made by Hafiz Saleheen, Chowkidar of the Rural Health Centre before Gulzar Ahmed, Sub-Inspector, Police Station Tamman. The…
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