| Citation(s) |
|---|
| 1987 SLG 563 1987 SLD 563 1987 SCMR 1499 |
Supreme Court of Pakistan
Criminal Petition for Special Leave to Appeal No. 629 of 1980, decided on 31st May, 1987. (Against the order of the Lahore High Court, Lahore, dated 10111980 passed in Crl. A. No. 992 of 1978).
ASLAM RIAZ HUSSAIN, JAVID IQBAL AND SAAD SAOOD, JAN, JJ
Sanaullah Bajwa, Advocate Supreme Court and Mahmood A Qureshi, Advocate-on-Record for Petitioner. S.D. Qureshi, Advocate Supreme Court, Advocate-on-Record (absent) for the State. Nemo for the Remaining
Respondents.
Criminal Petition for Special Leave to Appeal No. 629 of 1980, decided on 31st May, 1987. (Against the order of the Lahore High Court, Lahore, dated 10111980 passed in Crl. A. No. 992 of 1978).
ASLAM RIAZ HUSSAIN, JAVID IQBAL AND SAAD SAOOD, JAN, JJ
Sanaullah Bajwa, Advocate Supreme Court and Mahmood A Qureshi, Advocate-on-Record for Petitioner. S.D. Qureshi, Advocate Supreme Court, Advocate-on-Record (absent) for the State. Nemo for the Remaining
Respondents.
ALI SHER
VS
REHMA and others
Law:
Section:
(a) Penal Code (XLV of 1860)-----S. 302-.-Constitution of Pakistan (1973), Art 185(3)--Criminal Procedure Code (V of 1898), S. 342--Leave to appeal against order of High Court altering conviction of co-accused and for enhancement of sentence--Prosecution having failed to prove charge against him, co-accused found to have been rightly acquitted--Accused not convicted on evidence produced by prosecution but on his own statement under S. 342, Cr.P.C. wherein he gave different version of incident and stated that he had killed deceased under grave and sudden provocation--High Court found to be justified in reducing accused's sentence to 3 years' R.I.--Case being not a fit one for grant o1 leave to appeal, leave was refused. (b) Penal Code (XLV of 1860)-- ---S. 302---Criminal Procedure Code (V of 1898), S. 342--Convictior of accused when to be based on the statement of accused himself, such statement must be believed in its entirety. ORDER ASLAM RIAZ HUSSAN, J.--Ali Sher petitioner seeks leave to appeal against the order of the High Court dated 10-11-1980 altering the conviction of the respondents of the charge under section 302 PPC and for the enhancement of sentence of Rehma…
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