1989 PLP 51 (MLD)
MUHAMMAD RAFIQ‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1989 PLP 51 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Fazal Karim, J |
| Parties | MUHAMMAD RAFIQ‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 51 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 51 (MLD)?
The case was heard and decided by the Lahore bench comprising: Fazal Karim, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 51 (MLD) (MUHAMMAD RAFIQ‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Siddiq Chughtai for Petitioner.
Headnotes / Summary
‑‑‑S.497‑‑Penal Code (XLV of 1860), 5.302‑‑Bail, grant of‑‑Accused and deceased having no enmity but were close friends instead‑‑Accused resorting to customary firing at marriage party‑‑Deceased allegedly stopping him and trying to snatch pistol which went off accidentally‑‑Police finding part of prosecution story that accused went to his village and returned and killed deceased as false‑‑Question of death being intentional or accidental needing further inquiry‑‑Bail granted in circumstances. Arshad Khan for the State.
Judgment & Decree
‑‑‑S.497‑‑Penal Code (XLV of 1860), 5.302‑‑Bail, grant of‑‑Accused and deceased having no enmity but were close friends instead‑‑Accused resorting to customary firing at marriage party‑‑Deceased allegedly stopping him and trying to snatch pistol which went off accidentally‑‑Police finding part of prosecution story that accused went to his village and returned and killed deceased as false‑‑Question of death being intentional or accidental needing further inquiry‑‑Bail granted in circumstances. Muhammad Siddiq Chughtai for Petitioner. Arshad Khan for the State. Muhammad Rafique, petitioner, is accused of the murder of Haji Muhammad Hussain which according to the prosecution took place on 4‑3‑1988 at 9‑00 a.m. and was reported at 9‑30 a.m. on the same day. The prosecution case is that the complainant, the deceased person and the petitioner were present in connection with the marriage of one Muhammad Yaqoob. The petitioner was, as the unfortunate custom is, firing shots with a pistol. Haji Muhammad Hussain, the deceased, told him not to do so. This led to an altercation. Muhammad Rafique left by car for his village. He returned after a while and fired at the deceased hitting him in his chest.
2. The defence version before the police was that the deceased had, in order to prevent him from firing shots, tried to take the pistol from the petitioner and it was thus that the pistol had gone off and killed Haji Muhammad Hussain.
3. Admittedly there was no enmity between the deceased and the petitioner; in fact they were stated to be close friends. I have been shown a photograph in which the deceased and the petitioner were standing with the bride‑groom. This, it is stated, was shortly before the incident. It is also stated and the statement is not controverted, that the Investigating Officer had found a part of the prosecution story, namely that the petitioner had after the altercation left for his village and had then returned and killed the deceased, false. In the facts of the case, therefore, the question will be whether the death of Haji Muhammad Hussain had occurred due to an intentional act of the petitioner or the death was merely accidental. I, therefore, allow the petitioner to be released on bail on his furnishing bond in the sum of Rs. 15,000 with two sureties each in the like amount to the satisfaction of the A.C./Duty Magistrate concerned. SA./M‑1060/L Bail granted.