994 PLP 1142 (SCMR)
MUHAMMAD AMJAD and others‑‑‑Petitioners Versus THE STATE and others‑‑‑Respondents
| Citation | 994 PLP 1142 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Nasim Hasan Shah, CJ., Muhammad Rafiq Tarar and Manzoor Hussain Sial, JJ |
| Parties | MUHAMMAD AMJAD and others‑‑‑Petitioners Versus THE STATE and others‑‑‑Respondents |
Q1: What are the key laws and sections cited in 994 PLP 1142 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 994 PLP 1142 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Nasim Hasan Shah, CJ., Muhammad Rafiq Tarar and Manzoor Hussain Sial, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 994 PLP 1142 (SCMR) (MUHAMMAD AMJAD and others‑‑‑Petitioners Versus THE STATE and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Munir Khan, Advocate Supreme Court instructed by S. Abul Aasim Jafri, Advocate‑on‑Record for Petitioners.
- Abid Hassan Minto, Advocate Supreme Court for Respondent.
- Abid Hassan Minto, Advocate Supreme Court instructed by Sh. Masood Akhtar, Advocate‑on‑Record for Petitioners.
- Date of hearing: 4th December, 1993.
- Sh. Masood Akhtar, Advocate‑on‑Record for the Complainant.
- Rao Muhammad Yousaf Khan, Advocate‑on‑Record and M. Irshad Ahmad, Advocate Supreme Court for the State.
Headnotes / Summary
(On appeal from the judgment of Lahore High Court Bahawalpur Bench; Bahawalpur dated 14‑4‑1993 passed in CrAppeal No.1 of 1987/BWP, CrAppeal No. 21 of 1987/BWP and Cr.R.No.16/87/BWP). (a) Penal Code (XLV of 1860)‑‑‑ ‑‑‑‑S. 302/34‑‑‑Constitution of Pakistan (1973), Art. 185 (3)‑‑‑Leave to appeal was granted to consider inter alia whether the principles governing appraisal of evidence as laid down by Supreme Court were kept in view by the Courts below while examining the evidence on record. (b) Penal Code (XLV of 1860)‑‑‑ ‑‑‑‑S. 302/34‑‑‑Coustitution of Pakistan (1973), Art. 185 (3)‑‑‑Leave to appeal against acquittal‑‑‑Leave to appeal having 'been granted to the convicts in connected petition, leave to appeal was also granted in the petition. Criminal Petition No. 223/L, of 1993 Sh. Masood Akhtar, Advocate‑on‑Record for the Complainant. Criminal Petition No. 241/L of 1993 Rao Muhammad Yousaf Khan, Advocate‑on‑Record and M. Irshad Ahmad, Advocate Supreme Court for the State.
Judgment & Decree
Criminal Petition No. 223/L, of 1993 Muhammad Munir Khan, Advocate Supreme Court instructed by S. Abul Aasim Jafri, Advocate‑on‑Record for Petitioners. Sh. Masood Akhtar, Advocate‑on‑Record for the Complainant. Abid Hassan Minto, Advocate Supreme Court for Respondent. Criminal Petition No. 241/L of 1993 Abid Hassan Minto, Advocate Supreme Court instructed by Sh. Masood Akhtar, Advocate‑on‑Record for Petitioners. Rao Muhammad Yousaf Khan, Advocate‑on‑Record and M. Irshad Ahmad, Advocate Supreme Court for the State. Date of hearing: 4th December, 1993. MUHAMMAD RAFIQ TARAR, J: ‑‑In this case Muhammad Amjad and Mehmood petitioners herein were convicted in a private complaint for the murder of Manzoor Ahmed and sentenced to "Transportation for life". On appeal to the High Court, their. conviction was maintained but the sentence was altered to imprisonment for life and a fine of Rs.25,000 each.
2. According to the learned counsel the above modification in the sentence was without notice to the convicts. After hearing him we grant leave to appeal to consider inter alia whether the principles governing appraisal of evidence as laid down by this Court were kept in view by the Courts below while examining the evidence on the record. The above petition challenging acquittal of respondents Nos.3 to 6 and seeking enhancement of sentence of respondents Nos.1 and 2 has been filed by Mst Sharifan widow of Manzoor Ahmed deceased. Since leave to appeal has been granted to the convicts in the connected petition, we also grant leave in this petition. Mr Muhammad Munir Khan counsel for the petitioners in the connected petition accepts notice on behalf of all the respondents. Both the appeals shall be heard together. N.H.Q./M‑1914/S Leave granted.