Case Details

Citation(s)
1990 SLG 525 1990 SLD 525 1990 SCMR 281
Supreme Court of Pakistan
Criminal Petition No. 124 of 1988, decision dated: 25-09-1989.
JAVID IQBAL AND GHULAM MUJADDID, JJ
Sardar M. Latif Khan Khosa, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners. Nemo for the State.

ATTA HUSSAIN and others

VS

THE STATE

Law:

Section:

Penal Code (XLV of 1860)------S.302/34---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal--­High Court modified sentence of accused due to some conflict between ocular account and post-mortem report---Contention that the same was not a minor contradiction but falsified entire prosecution case making accused entitled to acquittal needed examination---Leave to appeal was granted in circumstances. JUDGMENT GHULAM MUJADDID, J.--Atta Hussain and Fida Hussain real brothers and Manzoor Bakhsh son of Elahi Bakhsh seek leave to appeal against the judgment of the Lahore High Court dated 23-2-1989 whereby their appeal against their conviction was dismissed. Learned counsel appearing in support of this petition submitted that he does not want appraisal of evidence but there is an error patent in the judgment of the High Court which has resulted in miscarriage of justice. It is submitted that according to the post-mortem report the deceased had one incised wound…
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