| Citation(s) |
|---|
| 1987 SLG 218 1987 SLD 218 1987 SCMR 126 |
Supreme Court of Pakistan
Criminal Petition for Leave to Appeals Nos. 184 and 207 of 1983, decision dated: 5-11-1986.(Against the judgment of the High Court, Lahore, dated 11-04-1983, passed in Criminal Appeals Nos. 49 and 45 of 1980)
ASLAM RIAZ HUSSAIN, JAVID IQBAL AND ALI HUSSAIN QAZILBASH, JJ
Malik Sher Bahadur Advocate Supreme Court for
Respondent (in Crl. P.L.A. No. 184 of 1983). Dr. Khalid Ranjha, Advocate Supreme Court for Petitioner (in Cr.P.L.A. No207 for
Respondents (in Crl. P.L.A. No. 184 of 1983). Nemo for the State (in Crl. P.SL.A. N
Criminal Petition for Leave to Appeals Nos. 184 and 207 of 1983, decision dated: 5-11-1986.(Against the judgment of the High Court, Lahore, dated 11-04-1983, passed in Criminal Appeals Nos. 49 and 45 of 1980)
ASLAM RIAZ HUSSAIN, JAVID IQBAL AND ALI HUSSAIN QAZILBASH, JJ
Malik Sher Bahadur Advocate Supreme Court for
Respondent (in Crl. P.L.A. No. 184 of 1983). Dr. Khalid Ranjha, Advocate Supreme Court for Petitioner (in Cr.P.L.A. No207 for
Respondents (in Crl. P.L.A. No. 184 of 1983). Nemo for the State (in Crl. P.SL.A. N
RIAZ AHMAD
VS
FAROOQ AHMAD and another
Law:
Section:
Constitution of Pakistan (1973)----Art. 185(3)--Penal Code (XLV of 1860), S. 302--Conviction altered from S. 302 to S. 300, Exception 2, P.P.C.--Leave to appeal sought against acquittal on charge of murder and for enhancement of sentence-Appreciation of evidence--High Court's finding that there was reasonable possibility of defence put forward by appellant being true, challenged-Supreme Court, after consideration of evidence and reasoning given by High Court, agreed with impugned finding and refused leave to appeal. ORDER ASLAM RIAZ HUSSAIN, J.--This order will dispose of (i) Criminal Petition for Special Leave to Appeal No. 184 of 1983 filed by Riaz Ahmad complainant and (ii) Criminal Petition for Special Leave to Appeal No. 207 of 1983 filed by Muhammad Farooq against his conviction and sentence. 2. Muhammad Farooq (petitioner in Crl.P. No. 207 of 1983 was tried along with Muhammad Ashiq, inter alia, for the murder of Javaid Akhtar. The trial Court acquitted Muhammad Ashiq co-accused but convicted Muhammad Farooq under section 302, P.P.C. and sentenced him to death and a fine of Rs.10,000. On appeal the High Court altered his conviction to one under section 302-II, P.P.C. and reduced his sentence from death to 5 years' R.I. The sentence of fine was, however, maintained. Feeling aggrieved he has filed a petition for leave to appeal (Crl.P. No.207 of 1983), against his conviction and sentence. Riaz…
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