| Citation(s) |
|---|
| 1988 SLG 2994 1988 SLD 2994 1988 SCMR 227 |
Supreme Court of Pakistan
Criminal Petitions Nos.268 and 273 of 1983, decided on 22nd November, 1987. Date of hearing: 22nd November, 1987. (Against the judgment and order dated 6-2-1983 of the Lahore High Court, Lahore, in Criminal Appeals Nos.776 and 777 of 1980- Murder Referenc
SHAFIUR RAHMAN, JUSTICE, ZAFFAR HUSSAIN MIRZA, JUSTICE
Ijaz Hussain Batalvi, Senior Advocate Supreme Court and M.A. Zafar, Advocate Supreme Court instructed by Ch. Muhammad Aslam, Advocate-on-Record for Petitioners (in Cr. Petition No.268 of 1983) . M.B.Zaman, Senior Advocate Supreme Court assisted by Sh. Ij
Criminal Petitions Nos.268 and 273 of 1983, decided on 22nd November, 1987. Date of hearing: 22nd November, 1987. (Against the judgment and order dated 6-2-1983 of the Lahore High Court, Lahore, in Criminal Appeals Nos.776 and 777 of 1980- Murder Referenc
SHAFIUR RAHMAN, JUSTICE, ZAFFAR HUSSAIN MIRZA, JUSTICE
Ijaz Hussain Batalvi, Senior Advocate Supreme Court and M.A. Zafar, Advocate Supreme Court instructed by Ch. Muhammad Aslam, Advocate-on-Record for Petitioners (in Cr. Petition No.268 of 1983) . M.B.Zaman, Senior Advocate Supreme Court assisted by Sh. Ij
MAQBOOL AHMAD AND OTHERS
VS
THE STATE
Law: Penal Code (XLV of 1860)
Section: 302
(a) Penal Code (XLV of 1860)-- ---S.302--Appreciation of evidence--High Court seized of question of confirmation of death sentence and appeals of convicts although finding that motive for occurrence was not satisfactorily explained and proved, relying on ocular evidence and prompt lodging of F.I.R. maintaining conviction of petitioners but substituting death sentence by imprisonment for life--Courts below having believed presence and truthfulness of statements of eye-witnesses, it was not possible, in the absence of any legal defect in appraisement of evidence or in recording conviction of petitioners to go over the same evidence with a view to come to a different conclusion--Convicts petition found to be without any merit, leave to appeal refused. (b) Penal Code (XLV of 1860)-- ---S.302--Appreciation of evidence--Motive not having been satisfactorily proved, High Court substituting death sentence of convicts by imprisonment for life--Motive for occurrence, involving two young men, having remained unproved, benefit in matter of sentence could be granted to convict-respondents and that being a legal sentence, Supreme Court declined to interfere with same--Leave to appeal refused to complainant. ORDER SHAFIUR RAHMAN, J.- There are two petitions, one by the complainant and the other by the two convicts seeking leave to appeal against the judgment of the Lahore High Court, Lahore, dated 6-2-198:3 whereby the judgment of the trial Court was upheld and the appeals of the convicts were allowed to the extent that while maintaining conviction under section 302, P.P.C. the sentence of death awarded to them was not confirmed and instead substituted by life imprisonment. The revision filed by the complainant was also dismissed. A week before the occurrence which took place on 16-8-1977, the two deceased had reprimanded the respondents for standing in front of their house and misbehaving with the womenfolk of the house. On the 16th of October, 1977 at about sun-set the two deceased were going to ease themselves out in the fields when near the Dera of one Nazir Ahmad they, attacked them with knives. Bashir Ahmed, Ghulam Mohyuddin and Nazir saw the…
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