1980 PLP 359 (SCMR)
PUTWARI-Petitioner Versus THE STATE-Respondent
| Citation | 1980 PLP 359 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Anwarul Haq, C. J. and Muhammad Afzal Zullah, J |
| Parties | PUTWARI-Petitioner Versus THE STATE-Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1980 PLP 359 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1980 PLP 359 (SCMR)?
The case was heard and decided by the High Court bench comprising: Anwarul Haq, C. J. and Muhammad Afzal Zullah, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1980 PLP 359 (SCMR) (PUTWARI-Petitioner Versus THE STATE-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Abdur Rehman, Bar-at-Law, Advocate instructed by Ch. Akhtar Ali, Advocate-on-Record for Petitioner.
- Date of hearing : 5th December. 1979.
- Ch. Abdur Rehman, Bar‑at‑Law, Advocate instructed by Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner.
Headnotes / Summary
(On appeal from the judgment and -order of the Lahore High Court dated 11-8-1979 in Cr. Misc. No. 2737-B/1979). -- S. 497-Medical evidence showing deceased having sustained blunt weapon injuries on head-Not possible at leave to appeal stage to accept injuries on deceased having been caused by accident-Bail, held, rightly refused, in circumstances--Penal Code (XLV- of- 1860), Ss. 148, 302 &
324. Nemo for the State.
Judgment & Decree
Ch. Abdur Rehman, Bar‑at‑Law, Advocate instructed by Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner. Nemo for the State. Date of hearing : 5th December. 1979. ANWARUL HAQ, C. J.‑The petitioner along with five others, is facing prosecution under sections 148, 302 and 324 of the Pakistan Penal Code read with section 149 thereof, for causing injuries to some of the prosecution witnesses, and for causing the death of one Hassan Din, a young boy aged 8 or 9 years, by inflicting three Danda blows on his head, which resulted in the fracture of the skull. A learned Judge in the Lahore High Court has refused, by his order dated the 11th of August, 1978, to enlarge the petitioner on bail. He seeks leave to appeal. It is submitted by Mr. Abdur Rahman, appearing for the petitioner, that the petitioner had no motive or reason to kill the young boy Hassan Din and that, in fact, he sustained these injuries‑ only by accident during the course of a fight between the accused and the prosecution witnesses. It appears to the learned counsel that, in these circumstances, the offence, if any, committed by the petitioner will not fall within the definition of murder as contained in section 300 of the Pakistan penal Code. From a perusal of the medical evidence placed before us by the learned counsel for the petitioner, it appears that the deceased had 'sustained three blunt weapon injuries on his head. In the circumstances, it is not possible at this stage to accept the contention that all the three injuries were caused by accident. We are, therefore, of the view that the learned Judge in the High Court was right in refusing bail. The petition, accordingly, fails and is hereby dismissed. Petition dismissed,