Case Details

Citation(s)
1987 SLG 382 1987 SLD 382 1987 SCMR 511
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No. 221 of 1985, decision dated: 11-01-1987.(On appeal from the judgment and order of the Lahore High Court, dated 6-4-1985 in Criminal Appeal No.32 of 1982)
ASLAM RIAZ HUSSAIN AND MIAN BURHANUDDIN KHAN, JJ
Shaukat Ali, Senior Advocate Supreme Court and Mahmud A. Qureshi, Advocate-on-Record for Petitioner. Nemo for the State

MUHAMMAD ASLAM

VS

THE STATE

Law:

Section:

Constitution of Pakistan (1973)---Art. 185(3)--Penal Code (XLV of 1860), Ss. 302 8, 324--Sentence-Β­Re-appraisement of evidence--Petition against conviction and sentence of death--Complainant party withholding important witness and trying to conceal facts to give a different version--Evidence having been believed by two Courts below, leave to appeal granted for its re-appraisement on question of sentence alone. --[Sentence]. ORDER M. BURHANUDDIN KHAN, J.--By this petition leave is sought to appeal against the judgment and order of the Lahore High Court, Lahore dated 6-4-1985 passed in Criminal Appeal No 32 of 1982 whereby death sentence awarded to Muhammad Aslam accused/ petitioner by the learned Additional Sessions Judge, Faisalabad under section 302, P.P.C. was confirmed. He was also convicted under section 324, P.P.C. for injuring Zakir Hussain P.W.11 and was sentenced to one year R.I. Muhammad Nawaz co-accused was acquitted by the learned trial Court per judgment dated 21-12-1981. 2. Prosecution case against the accused /petitioner is that on 28-3-1978 Amir Ali P.W.10 alongwith his son Zakir Hussain P.W.11 and Allah Yar deceased had gone to condole the death of the wife of Shahadat. On 29-3-1978 while they were returning home, the accused /petitioner. alongwith co-accused Muhammad Nawaz attacked the deceased with daggers and caused him two fatal wounds. Zakir Hussain P.W.11 was also wounded by the accused as he had tried to save the deceased from their assault. The injured were taken to the hospital where Allah Yar deceased succumbed to his injuries. The motive for the crime is stated to be that two years prior to the occurrence the deceased had given the hand of his daughter Mst. Maqboolan to the accused/ petitioner Muhammad Aslam, who, in turn, married his sister Mst. Fatima to Allah Yar deceased. The deceased wanted that his daughter Mst. Maqboolan be divorced by the accused /petitioner as they were not pulling on well but the accused/ petitioner refused to do so. 3. Learned counsel contended that the prosecution witnesses namely Amir Ali P.W.10, Zakir Hussain P.W.11, and Mst. Fatima P.W.12 had not disclosed during the investigation that Mst. Maqboolan,…
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