| Citation(s) |
|---|
| 1988 SLG 3023 1988 SLD 3023 1988 SCMR 296 |
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal Nos.244 and 254 of 1982, decided on 8th November, 1987. Date of hearing: 8th November, 1987. (On appeal from the judgment, dated 24-5-1982 of the Lahore High Court, Lahore, passed in Criminal Appeal No. 843 of 1980, M
NASIM HASAN SHAH, JUSTICE, S.A. NUSRAT, JUSTICE, ALI HUSSAIN QAZILBASH, JUSTICE
Mehar Ghulam Ali Mubashar, Advocate Supreme Court, instructed by Ch. Mehdi Khan Mehtab, Advocate-on-Record for the State Nemo for
Respondent. Munir Ahmad Bhatti, Advocate, Supreme Court, instructed by Iqbal Ahmad Qureshi, Advocate-on-Record for Petition
Criminal Petition for Leave to Appeal Nos.244 and 254 of 1982, decided on 8th November, 1987. Date of hearing: 8th November, 1987. (On appeal from the judgment, dated 24-5-1982 of the Lahore High Court, Lahore, passed in Criminal Appeal No. 843 of 1980, M
NASIM HASAN SHAH, JUSTICE, S.A. NUSRAT, JUSTICE, ALI HUSSAIN QAZILBASH, JUSTICE
Mehar Ghulam Ali Mubashar, Advocate Supreme Court, instructed by Ch. Mehdi Khan Mehtab, Advocate-on-Record for the State Nemo for
Respondent. Munir Ahmad Bhatti, Advocate, Supreme Court, instructed by Iqbal Ahmad Qureshi, Advocate-on-Record for Petition
MUHAMMAD ASLAM
VS
THE STATE
Law: Pakistan Penal Code, 1860
Section: 302,307,323
Law: Constitution of Pakistan, 1973
Section: 185(3)
(a) Penal Code (XLV of 1860)-- ---Ss.302, 307 323--Constitution of Pakistan (1973), Art. 185(3)- Petition against conviction--Day light occurrence--No delay in lodging F.I.R.--Eye-witness account given by injured witnesses found consistent and supported by medical evidence--Possibility of false implication ruled out--Since evidence of parties had been properly appraised, Supreme Court declined to interfere and refused leave to appeal. (b) Penal Code (XLV of 1860)- ---Ss.302, 307 323--Constitution of Pakistan (1973), Art. 185(3)-Reduction of sentences by High Court, unchallenged--Accused charged under Ss. 302 307, 323, P.P.C.--Sudden affair and occurrence taking place at the spur of the moment--No evidence brought on record to show that it was a pre-planned occurrence--Hot words and abuses exchanged by parties before occurrence--Extreme penalty not being called for, High Court held justified in reducing sentence and after having considered role of co-accused, came to correct conclusion--Leave to appeal refused. ORDER ALI HUSSAIN QAZILBASH, J.- These are two petitions for leave to Appeal against the Judgment of a Division Bench of the Lahore High Court, dated 24-5-1982. 2. Muhammad Aslam, Muhammad Ashraf, Muhammad Asghar, sons of Rehmat Ali, Muhammad Yousaf, Muhammad Amin, Muhammad Ashiq, Muhammad Riaz sons of Muhammad Din, Nazir Ahmad, Bashir Ahmad sons of Abdullah, Muhammad Din son of Noor Din and Ali Ahmad son of Bashir Ahmad, residents of Chak No. 471/EB, P.S. Sauhuka, Tehsil Burewala, District Vehari, were tried by the learned Sessions Judge, Vehari, for offence under section 302/307/149/148, P.P.C for the murder of Muhammad Amin their co-villager and making murderous assault on Muhammad Azim P.W.6 and Ghulam Mustafa P.W.7. The occurrence was alleged to have taken place on 17-11-1978 at 11/10 in the morning. The report of which was lodged by Muhammad Azim P.W. in the Civil Hospital Burewala recorded by Ghulam Haider A.S.I. , P. S. City. The case against the eleven accused was investigated by Ghulam Haider P.W.9 and Ghulam Ali S.I. then S.H.O., P.S. Burewala Saddar. The accused were arrested on 19-11-1978 and on 7-12-1978. A stick Exh.…
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