Case Details

Citation(s)
1990 SLG 1029 1990 SLD 1029 1990 SCMR 1301
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No.123-R of 1987, decision dated: 5-03-1990.
SHAFIUR RAHMAN, ABDUL QADEER CHAUDHRY AND RUSTAM S. SIDHWA, JJ
Muhammad Munir Peracha, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Nemo for
Respondent No. 1. Ch. M. Akram, Advocate Supreme Court for the State.

MUHAMMAD RIAZ

VS

GHULAM QADIR and another

Law:

Section:

Penal Code (XLV of 1860)-----S.304, Part I---Constitution of Pakistan (1973), Art.185(3)---High Court in the light of evidence on record had accepted the version of accused and that of his daughter which made out a case of extreme sustained provocation---High Court in doing so had not violated any provision or any principle of law---Re-appraisal of evidence was not undertaken by Supreme Court---Leave to appeal was consequently refused. ORDER SHAFIUR RAHMAN, J.---The petitioner, a brother of the deceased Muhammad Eja7, seeks leave to appeal against the judgment of the Lahore High Court dated 19-10-1987, whereby the conviction of the petitioner under section 302, P.P.C. was set aside and altered to one under section 304, Part 1, P.P.C., and the sentence already undergone was considered sufficient to meet the ends of justice. 2. Ghulam Qadir, respondent No:1 was tried for having caused the murder of Muhammad Ejaz on 29th of March, 1985 in a street within the limits of Police Station `Saddar, Attock' on the suspicion that he was…
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