| Citation(s) |
|---|
| 1988 SLG 2244 1988 SLD 2244 1988 SCMR 570 |
Supreme Court of Pakistan
Criminal Petition for Special Leave to Appeal No. 360 of 1984, decided on 21st February, 1988. (On appeal from the Order Dated 3-10-1984 of the Lahore High Court, Lahore, passed in Criminal Revision No. 309 of 1984). Date ,of hearing: 21st February, 19
ASIAM RIAZ HUSSAIN, ACTG C. J., MUHAMMAD AFZAL ZULLAH AND JAVID IQBAL, JJ
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Criminal Petition for Special Leave to Appeal No. 360 of 1984, decided on 21st February, 1988. (On appeal from the Order Dated 3-10-1984 of the Lahore High Court, Lahore, passed in Criminal Revision No. 309 of 1984). Date ,of hearing: 21st February, 19
ASIAM RIAZ HUSSAIN, ACTG C. J., MUHAMMAD AFZAL ZULLAH AND JAVID IQBAL, JJ
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ABDUL MAJID
VS
NAWAB DIN and another--Respondents
Law: Penal Code (XLV of 1860)
Section: 302,304
Law: Constitution of Pakistan, 1973
Section: 185(3)
Penal Code (XLV of 1860)-- ---Ss.302, 304, Parts I II--Constitution of Pakistan (1973), Art. 185 (3)--Leave to appeal, grant of--Where re-examination of evidence might change conviction from S.304, Part II to Part I, P.P.C. without affecting quantum of sentence, it was futile to grant leave--Accused respondent closely related to deceased--No previous enmity--Accused inflicting solitary Chhuri injury--Trial Courts finding that accused had no intention to cause death of deceased but had the knowledge that injury was likely to c: use his death and convicting him under S.304, Part II, P.P.C. instead of S.302, P.P.C., challenged--Though technically it was possible to grant leave but on merits of case appeal would not ultimately succeed in substance-Re-examination of evidence might result only in change of provision from S.304, Part II to S.304, Part I, P.P.C. with award of same sentence as was upheld by High Court--Not being a fit case for grant of leave, petition dismissed. Penal Code (XLV of 1860)-- ---Ss.302, 304, Parts I II--Constitution of Pakistan (1973), Art.…
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