| Citation(s) |
|---|
| 2008 SLG 1530 2008 SLD 1530 2008 SCMR 176 |
Supreme Court of Pakistan
Jail Petition Na.223 of 2006, decision dated: 12-07-2007.(On appeal from the judgment, dated 19-4-2006 of the Lahore High Court, Lahore, passed in Criminal Appeal No.1143 of 1999 and Murder Reference No.443 of 1999)
RANA BHAGWANDAS, ACTG. C.J. AND SARDAR MUHAMMAD RAZA KHAN, J
Muhammad Zaman Bhatti, Advocate Supreme Court for Petitioner. Chaudhry Munir Sadiq, Deputy Prosecutor-General, Punjab for the State
Jail Petition Na.223 of 2006, decision dated: 12-07-2007.(On appeal from the judgment, dated 19-4-2006 of the Lahore High Court, Lahore, passed in Criminal Appeal No.1143 of 1999 and Murder Reference No.443 of 1999)
RANA BHAGWANDAS, ACTG. C.J. AND SARDAR MUHAMMAD RAZA KHAN, J
Muhammad Zaman Bhatti, Advocate Supreme Court for Petitioner. Chaudhry Munir Sadiq, Deputy Prosecutor-General, Punjab for the State
MUHAMMAD ALI alias MAMMO
VS
THE STATE
Law:
Section:
Penal Code (XLV of 1860)--Ss. 302(b)/149---Constitution of Pakistan (1973), Art.185(3)---Each of the five assailants, including the accused, had been attributed distinct and specific role of causing different injuries on the person of the deceased---Remaining four accused had been acquitted on. the basis of same evidence while the accused alone had been convicted---Evidence in this behalf needed to be reappraised, lest the same might have fallen short of principles laid down for the appreciation of evidence in criminal justice---Leave to appeal was accordingly granted to accused, inter alias to reappraise the evidence on record. ORDER SARDAR MUHAMMAD RAZA KHAN, J.---Muhammad Ali son of Allah Yar through this jail petition seeks leave to appeal from the judgment dated 19-4-2006, whereby, his conviction under sections 302(b)/149, P.P.C. and sentence of death stood confirmed. 2. It refers to F.I.R. No.338 dated 17-9-1997 of Police Station Saddar Renala Khurd District Okara, lodged by one Amjad Ali whose father Ghazi Khan got murdered during the transaction. To be very brief, the complainant party on the relevant day was going to city in a Toyota Hiace…
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