| Citation(s) |
|---|
| 1982 SLG 266 1982 SLD 266 1982 SCMR 337 |
Supreme Court of Pakistan
Criminal Appeals Nos. 180 to.182 of 1976, decision dated: 23rd December, 1981.(On appeal from the judgment and order of the Lahore High Court, Lahore dated 10-3-1976 in Criminal Appeals Nos. 359 and 360 of 1975)
MUHAMMAD HALEEM, ACTG. C, J, MUHAMMAD AFZAL ZULLAH AND SHAH NAWAZ KHAN, JJ
Agha Aziz A. Khan, Advocate (in Cr. Appeal No. 180/76); Ijaz Hussain Batalvi, Advocate with Ch. Akhtar Ali, Advocate-on-Record (in Cr. Appeal No. 181/76) and Izhar-ul-Haq, Advocate (in Cr. Appeal No. 182/76) for Appellants. Ijaz Hussain Batalvi, Senior A
Criminal Appeals Nos. 180 to.182 of 1976, decision dated: 23rd December, 1981.(On appeal from the judgment and order of the Lahore High Court, Lahore dated 10-3-1976 in Criminal Appeals Nos. 359 and 360 of 1975)
MUHAMMAD HALEEM, ACTG. C, J, MUHAMMAD AFZAL ZULLAH AND SHAH NAWAZ KHAN, JJ
Agha Aziz A. Khan, Advocate (in Cr. Appeal No. 180/76); Ijaz Hussain Batalvi, Advocate with Ch. Akhtar Ali, Advocate-on-Record (in Cr. Appeal No. 181/76) and Izhar-ul-Haq, Advocate (in Cr. Appeal No. 182/76) for Appellants. Ijaz Hussain Batalvi, Senior A
Criminal Appeal No. 180 of 1976 PERVEZ
VS
KHAN BAHADUR AND 3 OTHERS Criminal Appeal No. 181 of 1976 KHAN BAHADUR vs THE STATE Criminal Appeal No. 182 of 1976 THE STATE vs KHAN BAHADUR AND 2 OTHERS
Law:
Section:
(a) Criminal trial-Sifting grain from chaff-Incompleteness of story from both sides-Held, would not deter Courts of law to determine correct position for resolving controversy involved in case.-[Evidence]. (b) Penal Code (XLV of 1860)---S. 302 read with S. 300, Exception IV & S. 34-[Murder-easel-Sudden fight-Vicarious liability-Both parties not only at loggerheads but also under high tempers-Two persons from each side, brothers inter se, meeting by chance in a bazar at an open place-Something sparkling and leading to a sudden quarrel and then a sudden fight and parties using weapons available with them-Other party being also armed with a formidable weapon, assailant could not be said to have taken undue advantage or acted in a cruel manner in using his knife and his case covered by Exception IV to S. 300, P. P. C.-Both parties, held, responsible for their acts and guilty for offences committed during fight and on each party's side also each individual person responsible for his own acts.-[Vicarious liability]. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.-Judgment dated 10-3-1976 of the Lahore High Court partly allowing the convicts appeal in a murder case has been brought under challenge in these appeals. Special leave was granted on three petitions, one filed by Khan Bahadur, convict, one by Pervez, complainant and the other by the State. 2. Regarding the leave to the convict, the point noted is whether his conviction was "consistent with the principles of safe administration of criminal justice". Leave was granted in the other two petitions to examine the correctness of the reduction of sentence of death awarded to Khan Bahadur, appellant by the High Court to life imprisonment and acquittal of Ali Aksar, accused-respondent, in the charge of murder under section 302, P. P. C. by application of section 34, P. P. C. 3. The prosecution case as contained in the deposition of Pervez, complainant, who is also an injured eye-witness was that on the day of occurrence which took-place on 7-10-1973 at about 6-30 p.m. he was with his brother Firdaus, the deceased, in this case. At that time, the deceased was selling sugarcane pieces called (Ganderies). In the meanwhile Khan…
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