1988 PLP 417 (SCMR)
ABDUL GHAFOOR — Petitioner Versus MUHAMMAD AKRAM and others — Respondents
| Citation | 1988 PLP 417 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain, Javid Iqbal and Saad Saood Jan, JJ |
| Parties | ABDUL GHAFOOR — Petitioner Versus MUHAMMAD AKRAM and others — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 1988 PLP 417 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 417 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain, Javid Iqbal and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 417 (SCMR) (ABDUL GHAFOOR — Petitioner Versus MUHAMMAD AKRAM and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rana Abdul Majid, Advocate Supreme Court for Petitioner.
- Nemo for Respondents Nos.1 to 5. Ijaz Ahmad, Advocate-on-Record for Respondent No.6.
- Date of hearing: 9th January, 1988.
Headnotes / Summary
(From the judgment dated 14-6-1983 of the Lahore High Court, Lahore in Criminal Revision No.801 of 1980) .
Ss. 302, 304, Part I, 307 & 34--Leave to appeal against acquittal- Petitioner not placing before Court any material which could indicate that on the evidence on record, findings recorded by Trial Court and High Court could not be reasonably sustained--Leave to appeal against acquittal refused.
Judgment & Decree
SAAD SAOOD JAN, J.--Three brothers, Muhammad Akram, Muhammad Ashraf and Muhammad Aslam along with Sadiq and Leaqat were tried by the Sessions Judge at Faisalabad on charges under sections 302, 307 and 452, read with section 149, and section 148 of the Pakistan Penal Code on the allegations that on the evening of 10-8-78 they trespassed into the house of Muhammad Siddiq, caused his death and made a murderous assault on his brother Muhammad Rashid. The learned Sessions Judge acquitted Muhammad Aslam, Sadiq and Liaqat of all the charges but convicted Muhammad Akram and Muhammad Ashraf of offences under sections 304, Part 1, 452 and 307, read with section 34 of the Pakistan Penal Code and sentenced them to serve various terms of imprisonment and pay fines. Abdul Ghafoor, brother of the deceased, filed a revision petition in the High Court challenging the acquittal of the accused of the offence under section 302 but it was dismissed. He now seeks leave to appeal from this Court.
2. The case of the prosecution at the trial was that Muhammad Siddiq deceased was suspected of carrying on an intrigue with the sister of Muhammad Akram, Muhammad Ashraf and Muhammad Aslam. To. teach him a lesson, all the accused after arming themselves with hatchets and Lathies trespassed into his house and attacked him. Muhammad Rashid tried to intervene whereupon he was also assaulted.
3. The learned trial Judge did not accept the prosecution version of the occurrence in its entirety. He held that Muhammad Akram and Muhammad Ashraf pursued the deceased and attacked his brother when they found the deceased talking to their sister; thus, this was a case of grave and sudden provocation emanating from the deceased. He also found that the other three accused had not taken part in the occurrence. In revision the High Court affirmed the finding of the learned trial Court.
4. We have heard the learned counsel for the petitioner. He ha not cared to place before us any material which could indicate that on the evidence on record the findings recorded by the trial Court and the High Court could not be reasonably sustained. Leave accordingly refused. S.Q./A-147/S Leave refused.