| Citation(s) |
|---|
| 1981 SLG 3187 = 1981 SLD 3187 = 1981 PLD 582 |
Supreme Court of Pakistan
Criminal Appeal No. 188 of 1977 and Criminal Review Petition No. 6-R of 1981, decided on 6th May, 1981. (Appeal against the judgment and order of the Peshawar High Court, Peshawar, dated 31-5-1977, passed in Cr. Appeal No. 249 of 1974 and Cr. Revision No. 7 of 1977 and Murder Reference No: 2 of 1977). and (Review against the order of this Court dated 15-10-1977, passed in Criminal Review No. 68-R of 1977).
Presented By: Muhammad Haleem, Actg. C. J., Muhammad Afzal Zullah and Shah Nawaz Khan, JJ
Muhammad Aslant and another v. The State P L D 1978 S C 298; Sadlq v. The State P L D 1967 S C 356 ; Pakistan v. R. S. Roopchand and 2 others P L D 1967 S C 479 ; Mst. Shamim Akhtar v.. Syed Alam Hussain and others 1975 S C M R 16 ; Abdul Majid Khan v. Chief Settlement and Rehabilitation Commissioner P L D 1968 S C 154 and State v. Muhammad Nawa?., h is D 1966 S C 481 ref. Zafar Mahmood, Senior Advocate Supreme Court for Appellants. Bashiruddin, Assistant AdvocateC3eneral for the State. Ch. Akhtar All. Advocate Supreme Court for the Complainant:
Criminal Appeal No. 188 of 1977 and Criminal Review Petition No. 6-R of 1981, decided on 6th May, 1981. (Appeal against the judgment and order of the Peshawar High Court, Peshawar, dated 31-5-1977, passed in Cr. Appeal No. 249 of 1974 and Cr. Revision No. 7 of 1977 and Murder Reference No: 2 of 1977). and (Review against the order of this Court dated 15-10-1977, passed in Criminal Review No. 68-R of 1977).
Presented By: Muhammad Haleem, Actg. C. J., Muhammad Afzal Zullah and Shah Nawaz Khan, JJ
Muhammad Aslant and another v. The State P L D 1978 S C 298; Sadlq v. The State P L D 1967 S C 356 ; Pakistan v. R. S. Roopchand and 2 others P L D 1967 S C 479 ; Mst. Shamim Akhtar v.. Syed Alam Hussain and others 1975 S C M R 16 ; Abdul Majid Khan v. Chief Settlement and Rehabilitation Commissioner P L D 1968 S C 154 and State v. Muhammad Nawa?., h is D 1966 S C 481 ref. Zafar Mahmood, Senior Advocate Supreme Court for Appellants. Bashiruddin, Assistant AdvocateC3eneral for the State. Ch. Akhtar All. Advocate Supreme Court for the Complainant:
KHUSHDIL AND 3 OTHERS-Appellants
VERSUS
THE STATE--Respondent
Law: Penal Code (XLV of 1860)
Section: 304/34
Law: Constitution of Pakistan, 1973
Section: 185
(a) Penal Code (XLV of 1860) S. 304/34[Murdercase]Appreciation of evidenceNone else except accused appellant K armed with a riffleAccused K and his brother, strongly motivated to kill deceasedAllegation as to K having fired a rifle shot finding support from medical evidence Particulars of injuries given by Doctor showing their being not caused by pistol or revolver shots, allegedly fired by othersEmpty and a miss ed cartridge of same calibre recovered from place where accused K stood while firing from his rifleExplanation offered by accused appellant with regard to his abscondence after occurrence rightly rejected by lower CourtsMere fact of accused K and A having been refused hand of deceased girl for marriage with accused K where deceased S played vital role while furnishing strong motive to both accused, held, would not furnish ground of lesser sentence and their convictions and sentences rightly upheld by High Court.[Evidence]. Link 1 Link 2 (b) Penal Code (XLV of 1860) S. 30'/34[Murd orcase]Appreciation of evidenceDescription of wounds of entry on deceased girl showing none of them being caused With a pistol even if of '12 boreStrong probability not excludable of such injuries being result of shots fired from a rifleNo direct motive alleged against accused S nor any other corroboratory circum stance existing against himParticipation of accused S, held, not proved beyond reasonable doubt hence such , accused entitled to acquittal.[Evidence]. Link 1 Link 2 Link 3 (c) Constitution of Pakistan (1973) Art. 188ReviewCounsel appearing for appellants at leave granting stage not able to argue certain available point, or failing to properly highlight a certain aspect, such by itself, held, not a valid ground for review.[Review by Supreme Court]. Link (d) Constitution of Pakistan (1973) Arts. 185(3) & I$7 read with Supreme Court Rules, 1956, 0. XXXIII, rr. 5 & 6Supreme Court's power to do complete justice Notwithstanding party being not entitled as of right to urge a point, which having been considered leave not granted thereon, Supreme Court, held, competent, in…