| Citation(s) |
|---|
| 1989 SLG 2050 1989 SLD 2050 1989 SCMR 2052 |
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No.192 of 1983, decision dated: 5th November 1988.(On appeal from the judgment and order of the Lahore High Court, Lahore dated 13-4-1983, passed in Cr.A. No.568/79, Cr.A. No.580/79 and Cr.R.No.544/79)
MUHAMMAD HALEEM, C.J., SHAFIUR RAHMAN USMAN ALI SHAH AND NAIMUDDIN, JJ
Khawaja Sultan Ahmad, Senior Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner. Ch. Mehdi Khan Mehtab, Advocate-on-Record for
Respondent No. 2.
Criminal Petition for Leave to Appeal No.192 of 1983, decision dated: 5th November 1988.(On appeal from the judgment and order of the Lahore High Court, Lahore dated 13-4-1983, passed in Cr.A. No.568/79, Cr.A. No.580/79 and Cr.R.No.544/79)
MUHAMMAD HALEEM, C.J., SHAFIUR RAHMAN USMAN ALI SHAH AND NAIMUDDIN, JJ
Khawaja Sultan Ahmad, Senior Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner. Ch. Mehdi Khan Mehtab, Advocate-on-Record for
Respondent No. 2.
SALEEM RAZA
VS
TARIQ RASHID and 2 others
Law:
Section:
Penal Code (XLV or 1860)-----S.302/34--Constitution of Pakistan (19731 Art. 185(3)--Petition for enhancement of sentence--High Court maintained the sentence of life imprisonment on the ground that murder was not premeditated but was a result of sudden flare-up--Conclusion being unexceptional petition for leave to appeal was dismissed. ORDER USMAN ALI SHAH, J.--The petition seeks leave to appeal against the judgment dated 13-4-1983 of the Lahore High Court, Lahore, whereby his Criminal Revision No.544 of 1979 against the judgment of Addl. Sessions Judge, Lahore dated 30-4-1979, for the enhancement of sentences of life imprisonment on the respondents Nos.1 and 2, for the murder of Saifur Rahman deceased was dismissed by the impugned judgment. The prosecution case is that the occurrence took place at 4.15 p.m.on 9-6-1976 when on Lytton Road a collision between two cars coming from opposite sides, one driven by Abdul Shakoor (PW-8) and the other by some other persons, was narrowly escaped. The car driven by other persons left the scene while Abdul Shakoor (P.W.8) remained with his car on the road. The people who gathered there suspected Abdul Shakoor that he might have stolen the car. On this the deceased got into the car and asked the boy to take the car back to the place from where he had stolen it. The moment he started the car, the present respondents Nos.1 and 2 who were standing in the crowd, came forward amd asked the deceased to come out of the car. When he carne out of the car, the respondent No.2 Liaqat Ali slapped him. Thereafter, both the respondents started giving dagger blows to the deceased. This occurrence was witnessed by Saleem Raza (PW-9) the present petitioner, Raza Mir (PW-11) both brothers of the deceased, Ghulam Mohammad (not produced), Bhola Khan (not produced) and Liaqat Ali (PW-10). After commission- of the crime the accused respondents decamped from the scene of occurrence. The deceased was rushed to the hospital in a rickshaw in injured condition but before the arrival of the doctor he succumbed to his injuries in the hospital. The petitioner made his statement before the S.I.Jamshed Raza at Mayo Hospital, Lahore, on the basis of which a…
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