| Citation(s) |
|---|
| 1982 SLG 649 1982 SLD 649 1982 SCMR 1167 |
Supreme Court of Pakistan
Criminal Petitions for Special Leave to Appeal Nos. 58-P, 80-R pf 1981 and 2-P of 1982, decision dated: 20-03-1982
MUHAMMAD HALEEM, ACTG., C.J. MUHAMMAD AFZAL ZULLAH AND BURHANUDDIN KHAN, JJ
Qazi Abdur Rashid, Advocate Supreme Court for Petitioner. Bashirullah, A. A.G. (N.W.F.P. Peshawar) for
Respondent. Bashirullah, A. A.G. (N.W.F.P. Peshawar) for Petitioner. Qazi A. Rashid, Advocate Supreme Court and Ch. A. Rahman, Advocate Supreme Court
Criminal Petitions for Special Leave to Appeal Nos. 58-P, 80-R pf 1981 and 2-P of 1982, decision dated: 20-03-1982
MUHAMMAD HALEEM, ACTG., C.J. MUHAMMAD AFZAL ZULLAH AND BURHANUDDIN KHAN, JJ
Qazi Abdur Rashid, Advocate Supreme Court for Petitioner. Bashirullah, A. A.G. (N.W.F.P. Peshawar) for
Respondent. Bashirullah, A. A.G. (N.W.F.P. Peshawar) for Petitioner. Qazi A. Rashid, Advocate Supreme Court and Ch. A. Rahman, Advocate Supreme Court
Cr. P. S. L. A. No. 58P of 1981 QALANDAR KHAN
VS
THE STATE Cr. P. S. L. A. No. 2P of 1982 STATE THROUGH ADVOCATE GENERAL N.W.F.P. PESHAWAR Vs QALANDAR KHAN AND Cr. P. S. L. A. No. 80R of 1981 SHAH NAWAZ Vs QALANDAR KHAN AND OTHERS
Law:
Section:
(a) Penal Code (XLV of 1860)---Ss. 302 & 307 read with Constitution of Pakistan (1973), Art. 185(3)-Leave to appeal granted to consider whether plea of self defence having been conceded to accused could he be convicted under S. 307, since such offence prima facie formed part of same occurrence which resulted in death of one of his adversaries. (b) Penal Code (XLV of 1860)- ---Ss. 302 & 307 read with Constitution of Pakistan (1973), Art. 185(3)-Leave to appeal--Granted to State and complainant to consider whether explanation offered from State (complainant's side) as to injuries on person of accused and his co-accused as also damage to accused's car manufactured after relevant occurrence in order to support false plea of self-defence. Cr. P. S. L. A. No. 58-P of 1981 ORDER MUHAMMAD AFZAL ZULLAH, J-Leave to appeal has been sought in these three matters which arise out of the same murder case. Two petitions are against the acquittal of Qalandar Khan accused in so far as the charge of murder is concerned, while one by Qalandar Khan is directed against his conviction and sentence under section 307, P. P. C. After hearing all the learned counsel, we grant leave to appeal in Criminal Petition No. 58-P of 1981 to consider the question as whether the plea of self-defence having been conceded to Qalandar Khan accused, could, he be convicted for the…
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