Case Details

Citation(s)
1988 SLG 2179 1988 SLD 2179 1988 SCMR 464
Supreme Court of Pakistan
Petition for Leave to Appeal No. 16 of 1985 decided on 17th January 1988. (On appeal from the judgment and order of the Lahore High Court, Lahore Dated 18th December, 1984 in Criminal Appeal No. 626 of 1982). Date of hearing: 17th January, 1988.
ASLAM RIAZ HUSSAIN, JAVID IQBAL AND SAAD SAOOD JAN, JJ

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Mst. RASHIDA BEGUM

VS

HAMAYUN MIRZA--Respondent

Law:

Section:

ORDER   JAVID IQBAL, J.--This petition for leave to appeal is directed against dated 18 December, 1984 of the Lahore High Court, Lahore.   Briefly the facts are that Hamayun Mirza respondent was charged for an offence under section 302, P.P.C. for the murder of Muhammad Idrees and the Sessions Judge, Sialkot vide dated 11 December, 1982 convicted him under section 302, P.P.C. and sentenced him to life imprisonment plus fine. On appeal the High Court altered the conviction from section 302 to 304, Part I, P.P.C., and reduced the sentence from life imprisonment to ten years R.I. maintaining the sentence of fine. The occurrence took place at 3-30 p.m. on 23 August, 1982, in Mohalla Wasi Shaheedan, Sialkot. The respondent was arrested on 24 August, 1982 and on 31 August, 1982 at his instance was recovered human blood-stained Chhuri which has not been relied upon by the trial Court. The eye-witnesses produced were Muhammad Shafiq P.W., brother of the deceased, Muhammad Latif P. W . , uncle and Allah Rakh a P. W . (relative not believed). According to the medical evidence the deceased had one incised injury on the back and middle of left chest whereas the respondent had eight injuries simple in nature out of which three had been caused by sharp-edged weapon and five with blunt weapon. The motive is that in a quarrel between the younger brother of the deceased with the other side, the deceased had slapped the boy of the accused party. According to the prosecution version thereupon the respondent came out and gave a Chhuri blow at the back of the deceased who tried to run away.   It was argued by learned counsel that the defence version should not have been relied upon by the High Court as it was not a case of self-defence. We have considered the arguments of the learned counsel. The respondent had as many as eight injuries on his person including three incised injuries, whereas the deceased had only ones fatal incised wound. The finding of the High Court therefore, to the effect that it was sudden fight, is correct. Consequently no case is made out for interference. The petition is dismissed.   ORDER JAVID IQBAL, J.--This petition for leave to…
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