| Citation(s) |
|---|
| 1987 SLG 757 1987 SLD 757 1987 SCMR 1908 |
Supreme Court of Pakistan
Petitions for Leave to Appeal Nos. 226 and 237 and Jail Petition for Leave to Appeal No.30-R of 1986, decision dated: 6-06-1987.On appeal from the judgment and order of the Lahore High Court, Lahore dated 24-05-1986 in Criminal Appeal No.580 of 1984/Murde
ASLAM RIAZ HUSSAIN, JAVID IQBAL, AND SAAD SAOOD, JAN, JJ
Raja Muhammad Anwar, Senior Advocate Supreme Court instructed by Syed Abul Assim Jafari, Advocate-on-Record and Muhammad Anwar Ghuman, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for
Respondents
Petitions for Leave to Appeal Nos. 226 and 237 and Jail Petition for Leave to Appeal No.30-R of 1986, decision dated: 6-06-1987.On appeal from the judgment and order of the Lahore High Court, Lahore dated 24-05-1986 in Criminal Appeal No.580 of 1984/Murde
ASLAM RIAZ HUSSAIN, JAVID IQBAL, AND SAAD SAOOD, JAN, JJ
Raja Muhammad Anwar, Senior Advocate Supreme Court instructed by Syed Abul Assim Jafari, Advocate-on-Record and Muhammad Anwar Ghuman, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for
Respondents
MUHAMMAD IRSHAD
VS
GUL MUHAMMAD and 3 others
Law:
Section:
(a) Penal Code (XLV of 1860)-----Ss. 302 & 304, Part I--Constitution of Pakistan (1973), Art.185(3)-Petition against acquittal/reduction in sentence--Appraisal of evidence--Leave to appeal granted to examine as to whether or not generally acknowledged principles of appraisal of evidence have been properly followed --Non-bailable warrants directed to be issued for arrest of acquitted accused. (b) Penal Code (XLV of 1860)-- ---S. 302--Constitution of Pakistan (1973), Art. 185(3)--Petition against conviction and sentence of life imprisonment--Leave to appeal having been granted in a connected petition seeking enhancement of sentence, awarded to convict-petitioner and another, leave was granted to petitioner as well. ORDER JAVID IQBAL, J.--Criminal Petition for Leave to Appeal Nos.226 of 1986 and 237 of 1986 alongwith Jail Petition for Leave to Appeal No.30-R of 1986 are connected as they are directed against the same judgment of the Lahore High Court Lahore and these are therefore, taken up together. Criminal Petition No.237 of 1986 has been filed by Muhammad Iqbal against his conviction and sentence while he has also filed Jail Petition No. 30-R of 1986 against his conviction and sentence. Criminal Petition No.226 of 1986 has been filed by Muhammad Irshad complainant against Muhammad Iqbal, Muhammad Malik and Gul Muhammad respondents. It is against complete acquittal of Gul Muhammad respondent as well as against acquittal of Muhammad Malik respondent of a charge under section 302, P.P.C. However, it is for enhancement of sentence of Muhammad Malik respondent under section 304, Part I. P . P. C . whereas it is for enhancement of sentence of Muhammad Iqbal respondent from life imprisonment to death. Learned counsel does not press this petition against acquittal of Gul Muhammad respondent and, therefore, it is dismissed so far as Gul Muhammad respondent is concerned. Briefly the facts are that Muhammad Iqbal alongwith Muhammad Malik and Gul Muhammad was tried for offences under section 302/34, P.P.C. for the murder of Mushtaq by the Additional Sessions Judge, Sialkot who vide his judgment dated 16th July, 1984 completely acquitted Gul Muhammad and while…
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