Case Details

Citation(s)
1981 SLG 3242 = 1981 SLD 3242 = 1981 SCMR 797
Supreme Court of Pakistan
Criminal Review Petition No. 3-R of 1978, decided on 24th February, 1980.
Presented By: Anwarul Haq, C. J., Muhammad Haleem and Karam Elahee Chauhan, JJ
Mujeebur Rahman, Advocate instructed by Ch. Akhtar Ali, Advocate- on-Record for Petitioner. Nemo for the State.

NIAZ MUHAMMAD -Petitioner

VERSUS

, THE STATE-Respondent

Law: Constitution of Pakistan, 1973

Section: 188

Law: Supreme Court Rules, 1956

Section: O. XXVI

Constitution of Pakistan (1973) Art. 188 read with Supreme Court Rules, 1956, O. XXVI Review by Supreme Court--According to Doctor a number of cardboards and 12 metallic pieces extracted from different parts of dead body whereas order under Review stating cardboards, metallic pieces, and a bullet having been recovered - Real point being that on examination of description of injuries sustained by deceased conclusion drawn that they had been caused by two different types of weapons and such conclusion not resting on fact of a bullet being extracted from body, such slight error to regard to description of medical evidence, held, did not in any manner affect conclusions reached by Court as to veracity of prosecution case, hence, no ground for review made out.-[Review by Supreme Court]. Date of hearing : 24th February, 1980.                                                                                                                                                           ORDER          ANWARUL HAQ, C, J.-This petition seeks a review of the order of this Court dated the 7th of January, 1978, by which Criminal Petition for Special Leave to Appeal bearing No. 74-R of 1977, was dismissed. The Petitioner, Niaz Muhammad was convicted, along with another accused person, named Muhammad Khan, by the learned Sessions Judge, Sargodha, under sections 302 and 37 of the Pakistan Penal Code, read with section 34 thereof for committing the murder of one Atta Muhammad and causing injuries to Abdur Rehman. The petitioner was sentenced to death on the charge of murder, while his co-accused was awarded imprisonment for life. Sentences of fine and imprison ment were also imposed on the other count. These convictions and sentences were upheld by…
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