| Citation(s) |
|---|
| 2007 SLG 538 2007 SLD 538 2007 SCMR 661 |
Supreme Court of Pakistan
Criminal Shariat Petition No. 35(S) of 2003 and Jail Shariat Petition No. 1(S) of 2004, decided on 27th November, 2006. (On appeal from the judgment, dated 24-10-2003 passed by the Federal Shariat Court, Lahore Bench, in Criminal Appeals Nos. 137-L of 199
JUSTICE SARDAR MUHAMMAD RAZA KHAN CHAIRMAN, JUSTICES CH. IJAZ AHMED, DR. ALLAMA KHALID MEHMOOD AND ALLAMA RASHID AHMED, JULLUNDHARI, MEMBERS
M. Bilal, Senior Advocate Supreme Court for Petitioner (in Criminal Petition No. 35(S) of 2003). Sardar M. Siddique, Advocate Supreme Court for Petitioner (in Jail Petition No. 1(S) of 2004). Dil Muhammad Tarar, Advocate Supreme Court for the State (in bo
Criminal Shariat Petition No. 35(S) of 2003 and Jail Shariat Petition No. 1(S) of 2004, decided on 27th November, 2006. (On appeal from the judgment, dated 24-10-2003 passed by the Federal Shariat Court, Lahore Bench, in Criminal Appeals Nos. 137-L of 199
JUSTICE SARDAR MUHAMMAD RAZA KHAN CHAIRMAN, JUSTICES CH. IJAZ AHMED, DR. ALLAMA KHALID MEHMOOD AND ALLAMA RASHID AHMED, JULLUNDHARI, MEMBERS
M. Bilal, Senior Advocate Supreme Court for Petitioner (in Criminal Petition No. 35(S) of 2003). Sardar M. Siddique, Advocate Supreme Court for Petitioner (in Jail Petition No. 1(S) of 2004). Dil Muhammad Tarar, Advocate Supreme Court for the State (in bo
WAQAR NAZIR and others
VS
THE STATE
Law: Pakistan Penal Code, 1860
Section: 302(b),324,337-A(i),460
Law: Constitution of Pakistan, 1973
Section: 203-F(2B)
Law: Criminal Procedure Code (V of 1898)
Section: 342
Law: Offences Against Property (Enforcement of Hudood) Ordinance 1979
Section: 17
(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 337-A(i) & 460---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17---Constitution of Pakistan (1973), Art.203-F(2B)---Reappraisal of evidence---Concurrent findings of fact by the courts below---Accused was convicted and was sentenced to death as Tazir, for committing murder---Federal Shariat Court, after appreciating evidence recorded by Trial Court, maintained the conviction and sentence awarded to accused---Validity---Supreme Court was not required to act as a court of appeal for reappraisal of evidence recorded by Federal Shariat Court, while exercising Constitutional powers unless and until Federal Shariat Court had re-appraised the evidence in violation of any provision of law or any principle laid down by Supreme Court---Supreme Court, in finding of fact recorded by Courts below or their arriving at concurrent conclusions, would not, normally, interfere to disturb the conclusions while exercising Constitutional powers unless and until the courts below had come to the conclusion in violation of any principle laid down by Supreme Court---No illegality or infirmity in the passed by Federal Shariat Court having been found by Supreme Court, leave to appeal was refused. Fazle Razaq's case 1985 SCMR 128 and Muhahid Hussain's case 1984 SCMR 54 rel. (b) Constitution of Pakistan (1973)--- ----Art. 203-F(2B)---Petition for leave to appeal---Concurrent findings of fact by the courts below---Interference--- Principles---Supreme Court, as ultimate Court in the country, as a rule to give due weight and consideration to the opinion of courts below and in particular to the opinion of Court of first instance, which had the advantage of hearing the . parties, witnesses and watching their demeanour---Normally, Supreme Court does not interfere with findings of fact reached at by primary courts or Federal Shariat Court, when it is satisfied that findings of courts below are on the whole reasonable and are not arrived at by disregarding any provision of law or any accepted principle concerning appreciation of evidence. (c) Criminal Procedure Code (V of 1898)--- ----S. 342---Defence…
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