Case Details

Citation(s)
1990 SLG 937 1990 SLD 937 1990 SCMR 1099
Supreme Court of Pakistan
Jail Petition No. 78-R of 1987, decision dated: 7-03-1.990.
SHAFIUR RAHMAN AND RUSTAM S. SIDHWA, JJ

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In re: ABDUL GHAFOOR alias GHAFOORI

Law:

Section:

Penal Code (XLV of 1860)-------S. 302/34---Constitution of Pakistan (1973), Art. 185(3)---Conviction and sentence of accused had been recorded on creditable evidence brought on record and suffered from no illegality or infirmity---Leave to appeal was accordingly refused. ORDER SHAFIUR RAHMAN, J.---The Petitioner from jail seeks leave to appeal against the judgment of the Lahore High Court, dated the 26th of September, 1987, whereby the sentence of death awarded to him was confirmed. In view of the general amnesty, the sentence of death now stands altered into life imprisonment. 2. Muhammad Sharif (deceased) had lodged a case of theft over a year before the occurrence against Abdul Ghafoor alias Ghafoori, the petitioner, and his co-accused Muhammad Ashraf son of Karam Din. The petitioner and his companion wanted to restrain the deceased from prosecuting that case. He had not acceded to their pressures. On 9-11-1980, the deceased was going to his fields and behind him, at some distance were Muhammad Siddique P.W. 6 and Muhammad Yousaf P.W. 8, when the petitioner armed with a gun, Muhammad Ashraf son of Karam Din armed with a Chhuri, and another Muhammad Ashraf son of Sardar armed with a gun, attacked him. The Petitioner fired the first shot. Muhammad Ashraf son of Karam Din gave chhuri blow. Muhammad Ashraf son of Sardar allegedly caused injuries with the butt of the gun. Sharif died at the spot. A report was lodged. The doctor found fire-arm and incised injuries on the person of the deceased but none by blunt weapon like the butt of the gun. The plea of the petitioner was that he was in fact being prosecuted by the deceased but he denied having exercised any pressure on him to desist from prosecution. He denied having caused the death by fire at him. He also denied the recovery of the gun which was allegedly made on 27-11-1980. 3. The trial Court believed the prosecution case in its entirety and by judgment dated 7-8-1984 convicted all the three accused under section 302/34. P.P.C. and sentenced the petitioner and Muhammad Ashraf son of Karam…
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