1994 PLP 1739 (SCMR)
MIR HASAN‑‑‑Petitioner Versus THE STATE and others‑‑‑Respondents
| Citation | 1994 PLP 1739 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Nasim Hasan Shah, Saeeduzzaman Siddiqui and Fazal Ilahi Khan, JJ |
| Parties | MIR HASAN‑‑‑Petitioner Versus THE STATE and others‑‑‑Respondents |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 1994 PLP 1739 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 1739 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Nasim Hasan Shah, Saeeduzzaman Siddiqui and Fazal Ilahi Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 1739 (SCMR) (MIR HASAN‑‑‑Petitioner Versus THE STATE and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ejaz Hussain Batalvi, Senior Advocate Supreme Court and Ch. M. Aslam, Advocate‑on‑Record (absent) for Petitioner.
- Anwar H. Mir, Advocate‑on‑Record for Respondent No. 3.
- Nemo for Respondents.
- Date of hearing: 11th January, 1994.
- Advocate‑General, Sindh and Akhlaq Ahmed Siddiqui, Advocate‑on -Record for the State.
Headnotes / Summary
‑‑‑‑Ss. 302/149 & 148‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Leave to appeal was granted for reappraisal of evidence and to consider whether the judgment of Trial Court convicting the accused on a charge of murder could be reversed by the High Court when such conviction was based‑on reasonable and manifestly sound grounds supported by the evidence on record and as to whether the reasons for acquittal given by High Court for upsetting the same were arbitrary, contrary to the record and were based on conjectures and surmises. Advocate‑General, Sindh and Akhlaq Ahmed Siddiqui, Advocate‑on -Record for the State. Petitioner in person.
Judgment & Decree
FAZAL ILAHI KHAN, J.‑‑‑Leave is prayed for in these petitions against the consolidated judgment and order dated 7‑9‑1993 passed by the High Court of Sindh, Karachi in connected Criminal Appeals Nos. 185/90, 190 and 193 of 1990; and Cr. Revision No. 95/90 and 28/91; whereby the appeals filed by the respondents Nos. 2 to 7 have been allowed and sentences of life imprisonment passed against them under section 302 read with sections 149 and 148 P.P.C. have been set aside and they have been set at liberty and the revision petitions filed by the petitioner in Cr. Petition No. 84 of 1993 seeking enhancement of sentences etc. have been dismissed. We have heard the learned counsel for the petitioner and have been led through the relevant record on the points which prevailed with the learned High Court in accepting the respondents Nos. 2 to 7 appeals. Leave is granted for reappraisal of evidence and to consider; whether, the judgment of the trial Court convicting the accused/respondents on a charge of murder could be reversed by the learned High Court of Sindh at Karachi, when such conviction was based on reasonable and manifestly sound grounds supported by the evidence on record. And as to whether the reasons for acquittal given by the High Court for upsetting the same are arbitrary, contrary to the record and are based on conjectures and surmises. Non‑bailable warrants shall issue against the respondents. N.H.Q./M‑2037/S Leave granted.