1994 PLP 1215 (SCMR)
MUHAMMAD JEHANGIR alias BADSHAH and another‑ ‑‑Petitioners Versus THE STATE‑‑‑Respondent
| Citation | 1994 PLP 1215 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Abdul Shakurul Salam and Sajjad Ali Shah, JJ |
| Parties | MUHAMMAD JEHANGIR alias BADSHAH and another‑ ‑‑Petitioners Versus THE STATE‑‑‑Respondent |
Q1: What are the key laws and sections cited in 1994 PLP 1215 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 1215 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Abdul Shakurul Salam and Sajjad Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 1215 (SCMR) (MUHAMMAD JEHANGIR alias BADSHAH and another‑ ‑‑Petitioners Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Qadeer Ahmed Siddiqui, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioners.
- Date of hearing: 27th March, 1993.
- 3. We, therefore, grant leave to reappraise evidence in the light of contentions raised and mentioned above. Office objection is that petition is barred by 147 days. leave is granted subject to limitation. It is stated that there is bail application as well. Issued notice td the Advocate‑General, Punjab, for hearing of bail application.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court, Lahore, dated 22‑5‑1991 passed in Cr. Appeal No.1050 of 1988). Penal Code (XLV of 1860)‑‑‑ ‑‑‑‑S. 302/34‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Leave to appeal was granted to reappraise evidence in the light of contention that on the basis of same evidence when two co‑accused had been acquitted, evidence was to be subjected to very careful and deep scrutiny justifying conviction against others‑‑ ‑Petition being barred by 147 days, leave was granted subject to limitation. Nemo for the State.
Judgment & Decree
SAJJAD ALI SHAH, J.‑‑‑Both petitioners Muhammad Jehangir and Muhammad Naveed alongwith two others faced trial on charges under sections 302 and 307/34, P.P.C. in the trial Court and in the result Latif was sentenced to death and fine while the remaining three were sentenced to imprisonment for life and fine. Later High Court had heard murder reference alongwith joint appeal and allowed appeal of Latif and Farooq and dismissed appeal of the present petitioners. It is contended that on the basis of same evidence, when two co‑accused arc acquitted, evidence is to be subjected to very careful and deep scrutiny justifying conviction against others.
2. It is to be kept in view that version of two injured eye witnesses is not believed in totality and participation of Latif in the incident was doubted on the ground that marriage of his sister took place on the same day. Likewise Farooq, who is alleged to have raised Lalkara and fired shot in the air also have been acquitted for want of corroborative evidence against him.
3. We, therefore, grant leave to reappraise evidence in the light of contentions raised and mentioned above. Office objection is that petition is barred by 147 days. leave is granted subject to limitation. It is stated that there is bail application as well. Issued notice td the Advocate‑General, Punjab, for hearing of bail application. N.H.Q/M‑1952/S Leave granted.