Case Details

Citation(s)
2008 SLG 1521 2008 SLD 1521 2008 SCMR 154
Supreme Court of Pakistan
Criminal Petition No.205-L of 2006, decision dated: 15-08-2007.(On appeal from the judgment, dated 23-2-2006 of the Lahore High Court, Bahawalpur Bench, passed in Criminal Appeal No.108 of 2005 and Murder Reference No.16 of 2005)
FALAK SHER, TASSADUQ HUSSAIN, JILLANI AND RAJA FAYYAZ AHMAD, JJ
M.A. Zafar, Advocate Supreme Court for Petitioner. Sardar Ahmed Khan, Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record for
Respondents Nos.1 and 8. Ms. Yasmeen Sehgal, D.P.G. for the State

MUHAMMAD ARSHAD

VS

GHULAM HUSSAIN and others

Law:

Section:

Penal Code (XLV of 1860)---Ss. 302(b), 302(c), 324 & 337-A(i)---Constitution of Pakistan (1973), Art.185(3)---No misreading of evidence or any material piece of evidence having the effect of varying the impugned having not been appraised in the true perspective, could be pointed out---Occurrence had rightly been held to have taken place as a result of free fight between the parties---Impugned did not suffer from any impropriety, infirmity legal or factual, so as to call for any interference and the same was unexceptionable---Leave to appeal was declined by Supreme Court accordingly. ORDER RAJA FAYYAZ AHMAD, J.--- Respondents No.1 to 6 and 8 namely Ghulam Hussain, Haji Muhammad Akram, Dildar, Muhammad Afzal alias Aslam, Muhammad Aslam, Dilbar and Muhammad Illyas were convicted and sentenced by the learned Additional Sessions Judge Rahim Yar Khan vide judgment dated 24-3-2005. Ghulam Hussain, Haji Muhammad Akram, Illyas Muhammad Aslam and Dildar each were sentenced to death under section 302(b)/149, P.P.C. for causing death of Muhammad Akbar and Muhammad Afzal deceased. Ghulam Hussain, Illyas and Dildar respondents were also convicted under section 324 P.P.C. for causing injuries and each were directed to pay compensation to various sums or in default thereof to further suffer S.I. as ordered in the judgment passed by the learned Additional Sessions Judge. Muhammad Afzal alias Aslam was convicted under section 337-A(i), P.P.C. for causing injuries to Akram P.W. and was sentenced to one year's R.I. and to pay compensation to the tune of Rs.20,000 or in default thereof to further suffer six months' S.I. whereas; Dilbar respondent was convicted under section 324, P.P.C. for causing injuries to Akram P.W. and was sentenced to five years' R.I. and to pay compensation of Rs.20,000 or in default thereof to suffer six months' S.I. with benefit of section 382-B, Cr.P.C. extended in his favour and to Muhammad Afzal respondent. 2. Record of the case and the proceedings were submitted by the leaned trial Court to the learned Lahore High Court Bahawalpur Bench at Bahawalpur for confirmation of the sentence of death passed against the above said respondents which was…
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