| Citation(s) |
|---|
| 1988 SLG 2965 1988 SLD 2965 1988 SCMR 150 |
Supreme Court of Pakistan
Criminal Petition for Special Leave to Appeal No. 255 of 1982, decided on 11th November, 1987. Date of hearing: 14th November, 1987. (On appeal from the judgment dated 3-5-1982 of the Lahore High Court, Lahore, passed in Criminal Appeal No. 225 of 1980, M
NASIM HASAN SHAH, JUSTICE, S. A. NUSRAT, JUSTICE, ALI HUSSAIN QAZILBASH, JUSTICE
Hakam Qureshi, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner. Khadim Mohy-ud-Din, Advocate, Supreme Court for
Respondent No. 2. Sh. Abdul Majid, Advocate, Supreme Court instructed by Ejaz Ahmad Khan, Ad
Criminal Petition for Special Leave to Appeal No. 255 of 1982, decided on 11th November, 1987. Date of hearing: 14th November, 1987. (On appeal from the judgment dated 3-5-1982 of the Lahore High Court, Lahore, passed in Criminal Appeal No. 225 of 1980, M
NASIM HASAN SHAH, JUSTICE, S. A. NUSRAT, JUSTICE, ALI HUSSAIN QAZILBASH, JUSTICE
Hakam Qureshi, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner. Khadim Mohy-ud-Din, Advocate, Supreme Court for
Respondent No. 2. Sh. Abdul Majid, Advocate, Supreme Court instructed by Ejaz Ahmad Khan, Ad
KHUSHI MUHAMMAD
VS
MUHAMMAD ANWAR AND 2 OTHERS
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, Part I--Constitution of Pakistan (1973), Art.185(3)-Leave to appeal--High Court on appeal altering offence from S. 302 to S. 304, Part 1, P.P.C. and acquitting co-accused--Reasons advanced for altering the offence from S. 302 to S. 304, Part I, P.P.C. found to be based on proper appraisal of evidence produced by prosecution-Prosecution also failing to make out any case against co-accused who was, therefore, rightly acquitted of the charge--Petition of complainant for leave to appeal against of High Court found to be without any force and dismissed. ORDER ALI HUSSAIN QAZILBASH, J.- This is a petition for leave to appeal against the order of the learned Division Bench of the Lahore High Court, dated 3-5-1982. 2. Muhammad Anwar and his brother Muhammad Sadiq residents of village Sindhuna, P.S. Sarai Mughal, Tehsil Chunian, District Kasur, were tried by the learned Additional Sessions Judge, Kasur, for offence under sections 302/34, P.P.C. for committing the murder of Muhammad Ashiq. Muhammad Anwar and Muhammad Sadiq both were convicted under section 302/34, P.P.C. Muhammad Anwar was sentenced to death and a fine of Rs.5,000 or in default to two years R.I. vide judgment dated 9-1-1980, whereas through the same judgment, Muhammad Sadiq was sentenced to imprisonment for life and a fine of Rs.5,000 or in default to two…
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