Case Details

Citation(s)
1988 SLG 198 1988 SLD 198 1988 SCMR 11
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No. 208 of 1985, decided on 1st August, 1987, Date of hearing: 1st August, 1987. (On appeal from the judgment and order of the Lahore High Court, Lahore dated 20 March, 1985 in Criminal Appeal 634 of 1983).
SHAFIUR RAHMAN, JUSTICE, JAVID IQBAL, JUSTICE, SAAD SAOOD, JAN, JUSTICE
Maqbool Elahi Malik, Advocate Supreme Court instructed by Sh. Salahuddin, Advocate-on-Record for Petitioner. Nemo for
Respondent.

MUHAMMAD RAZAQ

VS

THE STATE

Law: Penal Code (XLV of 1860)

Section: 302

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Penal Code (XLV of 1860)--   ---S. 302--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal, grant of--Same arguments were urged as were advanced before Appellate Court and were rightly rejected--No case made out for interference--Leave to appeal refused.   (b) Penal Code (XLV of 1860)--   ---S. 302--Constitution of Pakistan (1973), Art. 185(3)--Appreciation of evidence--Interested witness--Conviction under S. 302, P.P.C. based on motive, medical evidence and testimony of deceaseds father who had no enmity with accused--Plea that motive could not be proved and testimony of interested witness should not have been believed, not entertained as same arguments were advanced before Appellate Court but were rightly rejected--No case having been made out for interference, leave to appeal refused. ORDER JAVID IQBAL, J.- This petition for leave to appeal has been filed by Muhammad Razaq petitioner. He was tried for the murder of Muhammad Salim deceased and the trial Court convicted him under section 302, P.P.C. and sentenced him to life imprisonment plus fine. In appeal before the Lahore High Court, Lahore a learned Single Judge maintained his conviction and sentence. The petitioner was stated to be armed with a Chhuri with which he caused a single injury in the abdomen of the deceased. The occurrence took place on 14th September, 1981 at 12-30 p.m. in the chowk of the village and the FIR was promptly lodged at 2-45 p.m. on the same day by the father of the deceased Jan Muhammad P.W. The motive is that the petitioner and the deceased had their houses in the same lane. The deceased had blocked the flow…
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