| Citation(s) |
|---|
| 1992 SLG 2203 1992 SLD 2203 1992 PLJ 191 |
Supreme Court of Pakistan
Criminal Appeal No. 45 of 1988, dismissed on 15.1.1992. [On appeal from judgment Dated 16.4.1985, of Lahore High Court, Multan Bench, in Crl. Appeal No. 243 of 1983/M.R. No. 4 of 1984.]Â Date of hearing: 15.1.1992.
MUHAMMAD AFZAL ZULLAH, C.J. AND MUHAMMAD RAFIQ TARAR, J.
Raja  Muhammad Anwar,  Senior  Advocate,  Supreme  Court,  and Mr. Muhammad Aslam Chaudhiy, AOR for appellant. Mr. CM. Latif, Advocate, Supreme Court for State. Nemo for
Respondents 1 and 2.
Criminal Appeal No. 45 of 1988, dismissed on 15.1.1992. [On appeal from judgment Dated 16.4.1985, of Lahore High Court, Multan Bench, in Crl. Appeal No. 243 of 1983/M.R. No. 4 of 1984.]Â Date of hearing: 15.1.1992.
MUHAMMAD AFZAL ZULLAH, C.J. AND MUHAMMAD RAFIQ TARAR, J.
Raja  Muhammad Anwar,  Senior  Advocate,  Supreme  Court,  and Mr. Muhammad Aslam Chaudhiy, AOR for appellant. Mr. CM. Latif, Advocate, Supreme Court for State. Nemo for
Respondents 1 and 2.
SHAFEY ALI--Appellant
VS
ASRAR BEG and 2 OTHERS--Respondents
Law: Pakistan Penal Code, 1860
Section: 302,304
Pakistan Penal Code, 1860 (XLV of 1860)-- -—S. 302 read with Section 304 Part II-Murder-Offence of-Conviction for- Conviction altered to Section 304 Part II by High Court-Challenge to-Both injuries which were attributed to respondent/convict, are on buttocks of deceased-Requisite knowledge/intention (to kill) cannot be attributed to assailant for bringing case within mischief of Section 302 PPC—It was perhaps on account of weapon having gone slightly deeper and in an awkward direction, which might not have at all been known or visualised by assailant, that death took place-Held: If this feature of details regarding injuries would have been present before Bench granting leave to appeal, it might not have been granted-Leave grant order withdrawn. [P193]AB JUDGMENT Muhammad Afzal Zullah, CJ. This appeal through leave of the court has arisen out of the following facts and circumstances as recorded in the leave grant order: This petition for leave to appeal has been filed by Shafey All complainant-petitioner against Asrar Beg and Islam Beg respondents in the following circumstances: Both Islam Beg and his son Asrar Beg respondents were tried for an offence under Section 302/34 PPC for the murder of Taruq Tanvir deceased nephew of the petitioner-complainant, and the trial court vide judgment dated 13th Fabruary 1983 convicted only Asrar Beg respondent under Section 302 PPC and sentenced him to death plus fine but acquitted Islam Beg respondent. On appeal by Asrar respondent the Lahore High Court Multan Bench vide its judgment dated 16th April 1985 partly accepted the appeal by altering the conviction of Asrar Beg respondent from one under Section 302 to that under Section 304 Part-II PPC and reducing his sentence from death to ten years RI plus fine of Rs. 10,000/-. Revision of the present petitioner against the acquittal of Islam Beg respondent was dismissed. The present petition is for enhancement of sentence of Asrar Beg respondent and against acquittal of Islam Beg respondent. The occurrence took place on 27th November 1982 in Chak No. 67/10-R, Police Station Khanewal. Both the respondents were arrested on 4th December 1982. At the instance…
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