| Citation(s) |
|---|
| 2002 SLG 1530 2002 SLD 1530 2002 SCMR 1880 |
Supreme Court of Pakistan
Criminal Petition No.45-L of 2002, decision dated: 4-04-2002. (On appeal from the judgment, dated 12-11-2001 passed by Lahore High Court, in Criminal Appeal No.225 of 1997)
MUNIR A. SHEIKH, KHATILURREHINAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ
N.A. Shami, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for the State
Criminal Petition No.45-L of 2002, decision dated: 4-04-2002. (On appeal from the judgment, dated 12-11-2001 passed by Lahore High Court, in Criminal Appeal No.225 of 1997)
MUNIR A. SHEIKH, KHATILURREHINAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ
N.A. Shami, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for the State
ZAHID HUSSAIN
VS
THE STATE
Law:
Section:
Penal Code (XLV of 1860)--- ----S.302---Constitution of Pakistan (1973), Art.185(3)---Re-appraisal of evidence---Plea of self-defence---Plea raised by the accused was not proved and the same did not inspire confidence---Prosecution had brought home guilt to the petitioner beyond shadow of doubt---Supreme Court declined to interfere with the conviction and sentence awarded to the accused---Leave to appeal was refused. JUDGMENT MUNIR A. SHEIKH, J---The petitioner alongwith Majid Aftab co-accused were tried under section 302. P.P.C. for the murder of Muhammad Munir son of complainant Muhammad Sharif and causing injuries to others. The incident took place on .5-6-1992 at about 11-30 a.m. According to prosecution version the complainant alongwith his daughter Mst. Farzana and nephew Muhammad Yousaf were sitting in the veranda of his house. Muhammad Munir son of the complainant; Mst. Sakina Bibi wife of the complainant and Mst. Razia Bibi daughter of the complainant were sitting on the roof of their house under the shade of Beri tree. Zahid Hussain alias Mithu accused while standing on the roof of his brother Muhammad Din's house fired with his air-gun at the birds sitting on the Beri tree and consequently one sparrow was shot down. Thereupon, Zahid Hussain alias Mithu trespassed into the house of the complainant for laying his hand upon the said sparrow. Muhammad Munir objected to said firing with the air-gun at the hands of Zahid Hussain and consequently abuses were exchanged between Zahid Hussain and…
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