| Citation(s) |
|---|
| 1982 SLG 439 1982 SLD 439 1982 SCMR 709 |
Supreme Court of Pakistan
Criminal Petitions for Special Leave to Appeal Nos. 85 and 10.6 of 1981, decision dated: 27-03-1982.(On appeal from the judgment and order of the Lahore High Court, dated 27-1-1980, in Cr. A. No. 619/80)
ASLAM RIAZ HUSSAIN AND SHAFIUR REHMAN, JJ
M. B. Zaman, Advocate Supreme Court and Sh. Ijaz Ali, Advocate-on-Record for Petitioners (in Cr. P. 85/81). Ijaz Hussain Batalvi, Senior Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioners (in Cr. P. 106/81). Nemo for
Criminal Petitions for Special Leave to Appeal Nos. 85 and 10.6 of 1981, decision dated: 27-03-1982.(On appeal from the judgment and order of the Lahore High Court, dated 27-1-1980, in Cr. A. No. 619/80)
ASLAM RIAZ HUSSAIN AND SHAFIUR REHMAN, JJ
M. B. Zaman, Advocate Supreme Court and Sh. Ijaz Ali, Advocate-on-Record for Petitioners (in Cr. P. 85/81). Ijaz Hussain Batalvi, Senior Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioners (in Cr. P. 106/81). Nemo for
Cr. P. S. L. A. No. 85 of 1981 MUHAMMAD ASLAM ETC.
VS
THE STATE Cr. P. S. L. A. No. 106 of 1981 MUHAMMAD ASGHAR vs MUHAMMAD ASLAM AND ANOTHER
Law:
Section:
(a) Penal Code (XLV of 1860)---S. 302-Constitution of Pakistan (1973), Art. 185 (3)-[Murdercase]-Leave to appeal-Two accused persons coming armed with determination to kill another-Could easily inflict large number of injuries during short span of time-Fact of faecal matter having been found in bowels of deceased at 12 noon-Cannot lead to conclusion of occurrence having taken place early in morning-Quantity of faecal matter in colon not mentioned by Doctor witness and person taking breakfast or morning meal even if such person evacuated himself in morning, still some faecal matter could be found in small and large intestines by 12 noon-Dera of deceased even if not falling directly in way witness alleged to go by still witness could have taken a longer route and gone a little way out-No significant difference in testimony of recovery witnesses-Recovery of crime dang and hatchet even if excluded from consideration still sufficient material on record by way of evidence of eye-witnesses supported by motive and medical evidence, held, sufficient to sustain conviction of accused petitioners. (b) Penal Code (XLV of 1860)- ----S. 302 read with Criminal Procedure Code (V of 1898), S. 382-BPeriod of detention. consideration of-Prayer for being given benefit of S. 382-B rejected on considering severity of attack and number of injuries caused by petitioners to deceased and also in view of fact of accused petitioners having already been dealt with leniently by imposing on them lesser sentence of imprisonment for life on charge under S. 302, Penal Code.-[Sentence]. ORDER ASLAM RIAZ HUSSAIN, J.-Muhammad Aslam and Mumtaz petitioners seek Leave to Appeal against the judgment of a Division Bench of the Lahore High Court, dismissing the petitioners' appeal in a murder case, 2. The facts giving rise to the petition, briefly, are that Aslam and Mumtaz petitioners were tried for the murder of Fateh Muhammad, by Additional Sessions Judge, Sargodha, who vide his judgment dated 27-5-1980, convicted them under section 302. P. P. C. and sentenced each one of them to imprisonment for life and a fine of Rs. 10,000 each, or in default of payment of fine, to undergo further for 2 years'…
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