| Citation(s) |
|---|
| 1981 SLG 281 1981 SLD 281 1981 SCMR 428 |
Supreme Court of Pakistan
Criminal Petition for Special Leave to Appeal No. 82-R of 1977, decision dated: 11th March 1981.(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 28-6-1977, passed in Criminal Appeal No. 426 of 1971)
DORAB PATEL, MUHAMMAD HALEEM AND MUHAMMAD AFZAL ZULLAH, JJ
Agha Aziz Ahmad, Advocate and Akhtar Ali, Advocate-on-Record for Petitioner. Nemo for the State.
Criminal Petition for Special Leave to Appeal No. 82-R of 1977, decision dated: 11th March 1981.(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 28-6-1977, passed in Criminal Appeal No. 426 of 1971)
DORAB PATEL, MUHAMMAD HALEEM AND MUHAMMAD AFZAL ZULLAH, JJ
Agha Aziz Ahmad, Advocate and Akhtar Ali, Advocate-on-Record for Petitioner. Nemo for the State.
MUHAMMAD KHURSHID
VS
THE STATE
Law:
Section:
Penal Code (XLV of 1860)---- S. 307 read with Constitution of Pakistan (1.973), Art. 185(3)-- [Murder-case]-Leave to appeal-Both Courts below carefully analyzing evidence and finding accused petitioner guilty-Question raised relating to appreciating evidence and no infirmity justifying interference by Supreme Court discovered-Case in view of its circumstances also not one calling for lenience on point of sentence-Petition dismissed. ORDER MUHAMMAD AFZAL ZULLAH, J.-Leave to appeal has been sought from judgment, dated 28-6-1977 of the Lahore High Court whereby criminal appeal of the petitioner from conviction and sentence of two year's rigorous imprisonment for offence under section 165-A, P. P. C. was dismissed. The prosecution case against the petitioner as summarised in the judgment of the trial Court is that "on 21-5-1968 at about 6-00 p.m. P. W. Narasab Khan, A. S. I. Police was present at Police Post Karore investigating a case under section 307, P. P. C. etc. against Ilahi Dad and others. P. W. Fateh Khan F. C. Muhammad Akbar F. C. P. W. Wazir Khan and Nazir Hussain Shah from the public were also present with him in the residential quarter of the A. S. I. at Police Post Karore. The accused Muhammad Khurshid in the meantime came to P. W. Narasab Khan and told him that he wanted to talk to him separately. P. W. Noiasab Khan, A. S. I. replied that all the persons present there were his own men and therefore he should not have any hesitation in talking to him in their presence. The accused then requested Norasab Khan A. S. I. that he should help his relative Ilahi Dad aforementioned and arrest his opponent Nazir under the Arms Ordinance No. XX of 1965. He then offered a sum of Rs. 250 to Norasab Khan A. S. I. as a reward for that work. P. W. Norsab Khan A. S. I. told him that as a public servant he deemed it a sin to accept and pay bribe but the accused persisted in his request and even tried to put that money in his pocket. Norasab Khan A. S. I. took that money in possession vide Memo. Exh. P. A. and prepared a complaint Exh. P. C. against theβ¦
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