| Citation(s) |
|---|
| 1987 SLG 398 1987 SLD 398 1987 SCMR 1052 |
Supreme Court of Pakistan
Criminal Petitions Nos. 40-R and 217 of 1986, decision dated: 6-04-1987.(On appeal from the judgment, dated 20-4-1986 of the Lahore High Court, Lahore in Criminal Appeal No. 15 of 1983 and Murder Reference No. 35 of 1983)
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH AND SHAFIUR RAHMAN, JJ
M. Bilal Advocate Supreme court and Ch. Akhtar , Advocate-on-Record for Petitioner (in Criminal Petition No. 40-R of 1986). Ch.Ghulam Ahmed Advocate Supreme Court and Rou M. Yousaf Khan, Advocate-on-Record for the State ( in Criminal Petition No. 40-R o
Criminal Petitions Nos. 40-R and 217 of 1986, decision dated: 6-04-1987.(On appeal from the judgment, dated 20-4-1986 of the Lahore High Court, Lahore in Criminal Appeal No. 15 of 1983 and Murder Reference No. 35 of 1983)
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH AND SHAFIUR RAHMAN, JJ
M. Bilal Advocate Supreme court and Ch. Akhtar , Advocate-on-Record for Petitioner (in Criminal Petition No. 40-R of 1986). Ch.Ghulam Ahmed Advocate Supreme Court and Rou M. Yousaf Khan, Advocate-on-Record for the State ( in Criminal Petition No. 40-R o
MUHAMMAD NAWAZ and another
VS
THE STATE and others
Law:
Section:
(a) Penal Code (XLV of 1860)-----S. 302/34--Constitution of Pakistan (1973), Art. 185(3)--Appeal against conviction-- Appreciation of evidence--Plea that impugned needed correction, not tenable--Petitioners seeking re-appraisal of evidence and to come to a conclusion different from that arrived at by High Court in its well-considered --No misreading of evidence pointed out nor any principle of law was decided wrongly--Mere criticism that evidence had not been properly appreciated, no ground for interference--Leave to appeal refused. (b) Penal Code (XLV of 1860)- ---S. 302/34--Constitution of Pakistan (1973), Art. 185(3)--Appreciation of evidence-- Appeal against acquittal and reduction in sentence--Plea that impugned needed correction, not tenable--Petitioner seeking re-appraisal of evidence and to come to a conclusion different from that arrived at by High Court in its well-considered --No misreading of evidence pointed out nor any principle of law was decided wrongly--Mere criticism that evidence had not been properly appreciated, no ground for interference--Leave to appeal refused. ORDER NASIM HASAN SHAH, J.--This order will dispose of Criminal Petition No. 40-R of 1986 and Criminal Petition No. 217 of 1986, as both are directed against one and the same order passed on 20-4-1986 by a learned Division Bench of the Lahore High Court in Murder Reference No.35 of 1983 and Criminal Appeal No.15 of 1983. Six persons, namely, Muhammad Nawaz son of Sher Shah, Muhammad Sadiq son of Sher Shah, Fateh Khan, Sher Shah, Sher Bahadur and Lal Khan were tried for the murders of Abdul Ghafoor and Muhammad Khan deceased and for causing injuries to Bahishtan, P.W.8. The learned trial Judge (Sessions Judge, Mianwali) convicted Muhammad Nawaz and Muhammad Sadiq under section 302 sentencing the former to death and Muhammad Sadiq to life imprisonment. However, the other accused persons viz. Fateh Khan, Sher Shah, Sher Bahadur and Lal Khan were acquitted. The convicts appealed against their convictions and sentences while Muhammad Siddique complainant filed a revision seeking enhancement of the sentence of life imprisonment imposed upon Muhammad Sadiq to death. He also prayed for…
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