| Citation(s) |
|---|
| 1988 SLG 2938 1988 SLD 2938 1988 SCMR 122 |
Supreme Court of Pakistan
Petition for Leave to Appeal No. 274 of 1986, decided on 2nd November, 1987. Date of hearing; 2nd November, 1987. (On appeal from the judgment and order of the Lahore High Court Lahore dated 8th July 1986 in Criminal Appeal No. 190 of 1984).
ASLAM RIAZ HUSSAIN, JUSTICE, JAVID IQBAL, JUSTICE
Khawaja Sultan Ahmad, Senior Advocate Supreme Court, instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner. Nemo for the State.
Petition for Leave to Appeal No. 274 of 1986, decided on 2nd November, 1987. Date of hearing; 2nd November, 1987. (On appeal from the judgment and order of the Lahore High Court Lahore dated 8th July 1986 in Criminal Appeal No. 190 of 1984).
ASLAM RIAZ HUSSAIN, JUSTICE, JAVID IQBAL, JUSTICE
Khawaja Sultan Ahmad, Senior Advocate Supreme Court, instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner. Nemo for the State.
RMUHAMMAD ASHRAF
VS
THE STATE
Law: Penal Code (XLV of 1860)
Section: 302/34
Law: Constitution of Pakistan, 1973
Section: 185(3)
Penal Code (XLV of 1860)-- --S. 302/34--Constitution of Pakistan (1973), Art. 185(3)--Conviction under S. 302/34, P.P.C.--Application of S. 34, P.P.C. impugned-Petitioner accused of holding deceased in Japha while co-accused inflicted Chhuri blows on chest of deceased--Plea raised that there was no evidence on record that petitioner had facilitated co-accused in commission of crime for if he had held deceased in Japha co-accused might have not been able to give him Chhuri blows on chest, etc.-Leave to Appeal granted to consider whether or not in view of evidence on record S. 34, P.P.C. had been correctly applied in the case of petitioner. ORDER JAVID IQBAL, J.- This petition for leave to appeal has been filed by Muhammad Ashraf petitioner who alongwith Amjad Ali co-accused was convicted under section 302/34, P.P.C. and each of them was sentenced to life imprisonment plus fine by the trial Court. On appeal a learned Single Judge of the Lahore High Court Lahore maintained their conviction and sentence. The deceased in this case is Muhammad Rafiq. The occurrence took place at 9 p.m. on 20 September, 1983 in Mohallah Tajpura, Gujranwala. F.I.R. was lodged at 11-15 p.m. on the same day by Muhammad Aslam brother of the deceased. From Amjad Ali co-accused was recovered human blood-stained Chhuri. The eye-witnesses of the occurrence are Muhammad Aslam and Sardar Muhammad. The motive is that a month before the occurrence Mst. Allah Rakhi niece of the deceased had come to visit the house of the deceased; and when she reached near the house of Amjad Ali co-accused who was standing in the street cut an indecent joke with her. On this abuses were exchanged between the two of them. On hearing the noise the deceased came out and caught hold of Amjad Ali co-accused and gave him slaps. They were separated by the Mohalladars. It is stated that while leaving the scene of occurrence Amjad Ali…
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