Case Details

Citation(s)
1995 SLG 264 1995 SLD 264 1995 SCMR 1085
Supreme Court of Pakistan
Criminal Petition No 111 of 1993, decided on 15th January, 1994.
WALI MUHAMMAD KHAN, JJ
Muhammad Munir Peracha, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate on Record for Petitioner. Nemo for the State.

MUHAMMAD NAWAZ

VS

THE STATE --Respondents

Law: Penal Code (XLV of 1860)

Section: 307

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)   S. 307 Constitution of Pakistan (1973), Art. 185(3) Finding of the three Courts below was not challenged on merits and only reduction in sentence was prayed for Accused who was awarded 4 years’ R.I. had already been leniently dealt v. in specially when it had been proved that he entered the house of the complainant and had effectively fired at hint Leave to appeal was refused in circumstances. ORDER FAZAL ILAHI KHAN, JLeave to appeal is prayed for against the judgment of Single Judge, of the Lahore High Court, Rawalpindi Bench, Rawalpindi dated 7 11 1993 in Cr. Revision No. 87 of 1987. In the report lodged by Muhammad Anwar on 1 11 1985 it was alleged that at about 7 30 p.m. he was lying on a cot in his house and his father Abbas Khan and his wife Mst. Khatoon Bibi and the children were also present when Muhammad Nawaz petitioner, Ghulam Muhammad and Lal the acquitted accused, armed with fire arms entered the house. After raising Lalkara Nawaz fired a shot at him hitting him on his upper left arm while the other 2 accused persons fired shots in the air and decamped from the spot. The accused were tried by the Magistrate with enhanced power under section 30, Cr.P.C. at Chakwal who acquitted Ghulam Muhammad and Lal and found the accused/petitioner guilty of an offence under section 307, P.P.C. Vide order dated 24 3 1987 the petitioner was…
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