| Citation(s) |
|---|
| 1987 SLG 482 1987 SLD 482 1987 SCMR 1334 |
Supreme Court of Pakistan
Criminal Petition for Special Leave to Appeal Nos. 47, 411,and 42 of 1987, decided on 22nd April, 1987. (On appeals from the judgment of the Lahore High Court dated 10121986 in Criminal Appeals No.489 and 522, both of 1986).
NASIM HASAN SHAH, JAVID IQBAL AND SAAD SAOOD, JAN, JJ
Waheed-ud-Din Virk, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner (in Criminal Petition to Appeal No. 47 of 1987). Nemo for
Respondent (in Criminal Petition to Appeal No. 47 of 1987). Munir Ahmad Bhatti
Criminal Petition for Special Leave to Appeal Nos. 47, 411,and 42 of 1987, decided on 22nd April, 1987. (On appeals from the judgment of the Lahore High Court dated 10121986 in Criminal Appeals No.489 and 522, both of 1986).
NASIM HASAN SHAH, JAVID IQBAL AND SAAD SAOOD, JAN, JJ
Waheed-ud-Din Virk, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner (in Criminal Petition to Appeal No. 47 of 1987). Nemo for
Respondent (in Criminal Petition to Appeal No. 47 of 1987). Munir Ahmad Bhatti
SAADAT NAWAZ alias TIPU and anothers
VS
THE STATE and 2 others
Law:
Section:
(a) Penal Code (XLV of 1860)------S. 302/34--Constitution of Pakistan (1973), Art. 185(3)--Conviction under 5.302/34, P.P.C.--Conviction altered to one under S. 304, Part I, P.P.C. on appeal--Prosecution based upon ocular testimony of three eye-witnesses--Presence of two such witnesses at time of occurrence considered doubtful and their evidence disbelieved-Statement of third witness found to be inconsistent--Alleged motive also not serious enough to lead to murder--Leave to appeal granted to consider contention that there was not enough evidence to support conviction. (b) Penal Code (XLV of 1860)-- ---S. 302/34--Constitution of Pakistan (1973), Art. 185(3)--Petition against acquittal--Conviction under 5.302/34, P.P.C. set aside by High Court and accused acquitted--Order impugned--Plea raised that it was deliberate killing and High Court was not justified in acquitting accused of charge under S. 302, P.P.C. on basis of inconsistent statement--Leave to appeal having been granted in connected petition against conviction, leave granted in instant case as well to examine contentions raised by parties-- Bailable warrants directed to be issued against one of the acquitted respondents only--Petition against other respondents dismissed on ground of his elderly age and unlikelihood of being involved in a quarrel of teenagers. JUDGMENT SAAD SAOOD JAN, J.----Saadat Nawaz alias Tipu, his father, Muhammad Nawaz, and Hamid Aslam alias Hamma were convicted under section 302, read with section 34 of the Pakistan Penal Code by the Additional Sessions Judge, Lahore for causing the death of Imtiaz Butt deceased and were sentenced to suffer imprisonment for life and fines. They preferred appeals against their convictions and sentences in the High Court. By its Judgment dated 10-12-1986 the High Court acquitted Muhammad Nawaz and Hamid Aslam. It acquitted Saadat Nawaz also of the charge under section 302 but convicted him of an offence under section 304, Part I of the Pakistan Penal Code. For this offence it sentenced him to rigorous imprisonment for a period of ten years and fine, in addition to asking him to pay compensations to the heirs of the deceased. The judgment of the…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492