| Citation(s) |
|---|
| 2003 SLG 986 2003 SLD 986 2003 SCMR 862 |
Supreme Court of Pakistan
Criminal Petitions Nos. 90 and 95 of 2001, decided on 19th April, 2002. (On appeal from a common judgment of Lahore High Court, Lahore dated 20-3-2001 passed in Criminal Appeal No. 515 of 1991 and Criminal Revision No. 311 of 1991 respectively)
SH. RIAZ AHMED, C.J., MIAN MUHAMMAD AJMAL AND MUHAMMAD NAWAZ ABBASI, JJ
Dr. Babar Awan, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioner (in Criminal Petition No. 90 of the State (in Criminal Petition No. 90 of 2001). S.M. Abdul Wahab, Advocate Supreme Court and M. A. Zahid, Advocate-on-Record
Criminal Petitions Nos. 90 and 95 of 2001, decided on 19th April, 2002. (On appeal from a common judgment of Lahore High Court, Lahore dated 20-3-2001 passed in Criminal Appeal No. 515 of 1991 and Criminal Revision No. 311 of 1991 respectively)
SH. RIAZ AHMED, C.J., MIAN MUHAMMAD AJMAL AND MUHAMMAD NAWAZ ABBASI, JJ
Dr. Babar Awan, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioner (in Criminal Petition No. 90 of the State (in Criminal Petition No. 90 of 2001). S.M. Abdul Wahab, Advocate Supreme Court and M. A. Zahid, Advocate-on-Record
MUHAMMAD ASLAM and anothers
VS
THE STATE
Law: Pakistan Penal Code, 1860
Section: 302(b)
Law: Constitution of Pakistan, 1973
Section: 185(3)
Penal Code (XLV of 1860)--- ---S. 302(b)---Constitution of Pakistan (1973), Art. 185(3)--Consumption of two hours time in lodging the F.I.R. at the police station situated at a distance of 9.5 kilometres from the place of occurrence was quite natural---Presence of injured eye-witnesses on the spot was -not questionable---Prosecution evidence had no material contradiction--Ocular testimony was supported by medical evidence and the motive--Accused had failed to establish his plea of alibi by any documentary evidence---Prosecution had proved the charge against the accused beyond all reasonable doubts---Leave to appeal was refused to accused by Supreme Court accordingly. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.---Muhammad Aslam son of Khan Muhammad and Sufi Sher Muhammad son of Ghulam Muhammad, the petitioner in this Criminal Petition No. 90 of 2001, alongwith their co-accused namely, Muhammad Yar, Muhammad Akram and Muhammad Tufail were tried for the charge under sections 302(b), 307, 148 and 149, P.P.C. by the learned Additional Sessions Judge, Mianwali. The case was registered against them on 25-8-1989 at Police Station Wan Bhachran, District Mianwali for the allegation. of committing the murder of Amir Muhammad and causing injuries to witnesses namely Fateh Sher and Mst. Moondan in the .village Wan Bhachran. The learned Trial Judge, having come to the conclusion that the occurrence was the result of sudden fight, convicted Muhammad Aslam and Sher Muhammad under section 302, P.P.C. and sentenced them to imprisonment for life for committing murder of Amir Muhammad. The petitioners were also directed to pay Rs.2,000 each as fine and in default of payment thereof each one of them was ordered to undergo S.I. for six months. Muhammad Akram accused was also convicted under section 307, P.P.C. for attempting on the life of Mst. Mandoon and was sentenced to three years' R.I. with fine of Rs.2,000. In default of payment of fine he was directed to undergo R.I. for three months. The remaining two accused' namely, Muhammad Yar and Muhammad Tufail were acquitted from all the charges. The petitioners and Muhammad Akram, their co-convict, challenged their conviction and sentences…
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