| Citation(s) |
|---|
| 1987 SLG 589 1987 SLD 589 1987 SCMR 1586 |
Supreme Court of Pakistan
Cr. Shariat Petition for Special Leave to Appeals Nos. 5K and 1K of 1985, decided on 19th August, 1985. (From the judgment of the Federal Shariat Court, Karachi, dated 18121984 in Cr. Appeals Nos. 26K to 29K, 3I and 54K of 1984)
MUHAMMAD AFZAL ZULLAH, CHAIRMAN AND MUHAMMAD TAQI USMANI, J
Umar Farooq Khan, Advocate Supreme Court and Faizul Haq, Advocate-on-Record for Petitioner (in Cr.P. 5K of 1985). Muzaffar Hassan, Advocate-on-Record for Petitioner (in Cr.P. 1K of 1985). M.A.K. Zai, Advocate Supreme Court (absent) for the State (in bot
Cr. Shariat Petition for Special Leave to Appeals Nos. 5K and 1K of 1985, decided on 19th August, 1985. (From the judgment of the Federal Shariat Court, Karachi, dated 18121984 in Cr. Appeals Nos. 26K to 29K, 3I and 54K of 1984)
MUHAMMAD AFZAL ZULLAH, CHAIRMAN AND MUHAMMAD TAQI USMANI, J
Umar Farooq Khan, Advocate Supreme Court and Faizul Haq, Advocate-on-Record for Petitioner (in Cr.P. 5K of 1985). Muzaffar Hassan, Advocate-on-Record for Petitioner (in Cr.P. 1K of 1985). M.A.K. Zai, Advocate Supreme Court (absent) for the State (in bot
UMAR BADSHAH and others
VS
THE STATE
Law:
Section:
(a) Offence Against Property (Enforcement of Hudood) Ordinance (VI of 1979)-----S. 17(4)--Constitution of Pakistan (1973), Art. 203-F--Accused after injurin0g Taxi driver and throwing him out running away with Taxi--Conviction of accused for "harabah" under S. 17(4) of Ordinance whether proper--Case being of first impression leave to appeal granted by Supreme Court. (b) Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979)-- ---S. 17(4), Constitution of Pakistan (1973), Art. 203-F--Leave to appeal granted to examine evidence in the case to see whether petitioners were rightly convicted of the offences and; whether petitioners were liable to be convicted for offence of "harabah" under S. 17(4) of Offences Against Property (Enforcement of Hudood) Ordinance, 1979. ORDER MUHAMMAD AFZAL ZULLAH (CHAIRMAN).--These two petitions (one through Jail) by three convict-petitioners are directed against the judgment dated 18th December, 1984, of Federal Shariat Court, whereby the conviction and sentences of the petitioners for various offences described below were upheld:-- "All the petitioners sentenced to death under section 17(4) of the Offences Against Property (Enforcement of Hudood) Ordinance (No. VI of 1979); Gut Jehangir also sentenced to 3 years' R.I. and a fine of Rs.1,000 under section 307, P.P.C.; and, each sentenced to R.I. for one year and fine of Rs.500 each under section 13(d) of the Arms Ordinance, 1965." The prosecution case as is discoverable from the statement under section 154, Cr.P.C. of Abdul Qayyum Shah the star witness who is also an eye-witness and complainant, is as follow:-- "I am residing at the above address with my family and run a hotel at the seashore. Today at about 8-00 a.m. I was present in my hotel. I saw a taxi which was standing at a distance of 100 yards from my hotel. The taxi was bearing No. 839-162. 1 hear pistol shots. I came out of my hotel and saw 3 men out of whom one was with a beard. All the 3 men were healthy and stout. They threw one man out of the taxi. The beard man had pistol in his hands and the other 2 men were with him. They started the taxi and drove away. I ran towards the injured person and saw him…
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