| Citation(s) |
|---|
| 1996 SLG 820 1996 SLD 820 1996 SCMR 474 |
Supreme Court of Pakistan
Criminal Petition No. 230-L and Jail Petition No. 62 of 1993, decision dated: 16-01-1994
NASIM HASAN SHAH, C.J., SHAFIUR RAHMAN AND MANZOOR HUSSAIN SIAL, JJ
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Criminal Petition No. 230-L and Jail Petition No. 62 of 1993, decision dated: 16-01-1994
NASIM HASAN SHAH, C.J., SHAFIUR RAHMAN AND MANZOOR HUSSAIN SIAL, JJ
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BASHIR AHMAD
MUHAMMAD ARSHAD and others
Law:
Section:
(a) Penal Code (XLV of 1860)--S. 302---Constitution of Pakistan (1973), Art.185(3)---Eye-witnesses although closely related to accused had no previous enmity or motive to falsely implicate him in the case entailing capital punishment and the evidence furnished by them was consistent on all material points---High Court had already taken lenient view in altering the sentence of death of imprisonment for life---Leave to appeal was refused in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 302---Constitution of Pakistan (1973),. Art.185(3)---Leave to appeal for enhancement of sentence of accused and against acquittal of co-accused--Petition was barred by 48 days and no satisfactory explanation could be furnished for condonation of delay---Petition for leave for appeal was consequently dismissed being barred by time. ORDER MANZOOR HUSSAIN SIAL, J. ---By this order we propose to dispose of Jail Petition No.62 of 1993 and Criminal Petition No.230-L of 1993, as both these petitions are directed against consolidated judgment dated 27-10-1992, of the Lahore High Court, passed in Criminal Appeal No.447/1990 and Criminal Revision No.411 of 1990. JAIL PETITION No.62 of 1993 2. Muhammad Arshad convict through this petition seeks leave to appeal against judgment dated 27-10-1992, of the Lahore High Court, whereby his conviction under section 302, P.P.C. was maintained and the sentence of death imposed upon him by the learned trial Judge was altered to imprisonment for life. We have perused the evidence on the record…
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