| Citation(s) |
|---|
| 1995 SLG 480 1995 SLD 480 1995 SCMR 42 |
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal Nos. 397 L and 439 L of 1993, decision dated: 25th April. 1994.From the judgment/order of Lahore High Court, Lahore, dated 17 7 1993 in Cr. Appeals Nos. 118/88, 47/89 and M.R. No. 243 of 1988
SAAD SAOOD, JAN, ACTG. C.J., MUHAMMAD RAFIQ TARAR AND MANZOOR HUSSAIN SIAL, JJ
Khawaja Sultan Ahmad, Senior Advocate Supreme Court and S. Abul Aasim Jafferi, Advocate on-Record (in Cr.P.LA. No. 397 L of 1993). Ijaz Ahmad Chaudhry, Assistant Advocate General, Punjab and Rao Muhammad Yusuf Khan, Advocate on-Record (absent) (in Cr.P.LA
Criminal Petition for Leave to Appeal Nos. 397 L and 439 L of 1993, decision dated: 25th April. 1994.From the judgment/order of Lahore High Court, Lahore, dated 17 7 1993 in Cr. Appeals Nos. 118/88, 47/89 and M.R. No. 243 of 1988
SAAD SAOOD, JAN, ACTG. C.J., MUHAMMAD RAFIQ TARAR AND MANZOOR HUSSAIN SIAL, JJ
Khawaja Sultan Ahmad, Senior Advocate Supreme Court and S. Abul Aasim Jafferi, Advocate on-Record (in Cr.P.LA. No. 397 L of 1993). Ijaz Ahmad Chaudhry, Assistant Advocate General, Punjab and Rao Muhammad Yusuf Khan, Advocate on-Record (absent) (in Cr.P.LA
Ch. MEHRBAN
VS
MUHAMMAD ARIF and others
Law:
Section:
Penal Code (XLV of 1860) Ss. 302/34 & 307/34 Constitution of Pakistan (1973), Art. 185(3) Leave to appeal was granted to consider whether the acquittal of accused person in the case was sustainable when ocular account against them was supported by recovery evidence. ORDER SAAD SAOOD JAN, ACTG. C.J.- The respondents, namely, Muhammad Arif, Muhammad Pervez, Muhammad Akram and Khalid Mahmood, were tried by the Sessions Judge at Attock on charges under sections 302 and 307 read with section 34, Pakistan Penal Code, for causing the death of Abdul Rahman, deceased, and making murderous assault on his wife, Mst. Nasim Akhtar. Along with them Muhammad Rafiq and Chaudhry Rab Nawaz were also tried on the charge of abetment. The learned Sessions Judge acquitted Khalid Mahmood, Muhammad Akram, Chaudhry Rab Nawaz and Muhammad Rafiq but convicted Muhammad Arif and Muhammad Pervez. In respect of the offence under section 302, ibid, he sentenced them to death and also directed them to pay fines and compensation. The convicts filed an appeal before the High Court. The learned Sessions Judge also made a reference to the High Court for confirmation of the sentences of death. The State filed an appeal against the acquittal of Muhammad Akram, Muhammad Rafiq, Khalid Mahmood and Chaudhry Rab Nawaz. The High Court accepted the appeal of the convicts and set aside their convictions and sentences. It rejected the reference made by the Sessions Judge and dismissed the appeal filed by the State. The State as well as the complainant party seek leave to appeal from the judgment of the High Court in so far as the acquittal of Muhammad Pervez, Muhammad Akram, Muhammad Arif and Khalid Mahmood is concerned. 2. Admittedly, there was enmity between the parties. The deceased was a local lawyer. About two and a half years prior to the present occurrence Muhammad Siddiq, paternal uncle of Khalid Mahmood, was murdered. The deceased was one of the accused in the ensuing murder case. It was the case of the prosecution that the respondents were out to take revenge. 3. On 7 9 1987, at 7 30 p.m., the deceased was travelling by his car to his house in Chaklala Road. His wife, Mst. Nasim Akhtar, was…
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