1990 PLP 1287 (SCMR)
QAMAR ZAMAN‑‑‑Petitioner Versus SHABBIR AHMAD and another‑‑‑Respondents
| Citation | 1990 PLP 1287 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah, S. Usman Ali Shah |
| Parties | QAMAR ZAMAN‑‑‑Petitioner Versus SHABBIR AHMAD and another‑‑‑Respondents |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 1287 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 1287 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah, S. Usman Ali Shah.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 1287 (SCMR) (QAMAR ZAMAN‑‑‑Petitioner Versus SHABBIR AHMAD and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Waheed Butt, Advocate Supreme Court and Mahmood A.Qureshi, Advocate‑on‑Record for Petitioner.
- Ch.Abdul Wahid, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Respondent No.1.
- Date of hearing: 21st January, 1990.
- Ghulam Mustafa, Advocate Supreme Court, Rao M.Yousuf, Advocate- on‑Record for the State.
Headnotes / Summary
(Against the judgment dated 28‑6‑1988 of the Lahore High Court, Lahore in CrA.No.287 of 1986). ‑‑‑‑Ss.302 & 201‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Acquittal by High Court‑‑‑No error of law either in appraisement of evidence or in the approach adopted by High Court in acquitting accused respondent could be shown‑‑ Petition for leave to appeal against acquittal was consequently dismissed. Ghulam Mustafa, Advocate Supreme Court, Rao M.Yousuf, Advocate- on‑Record for the State.
Judgment & Decree
‑‑‑‑Ss.302 & 201‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Acquittal by High Court‑‑‑No error of law either in appraisement of evidence or in the approach adopted by High Court in acquitting accused respondent could be shown‑‑ Petition for leave to appeal against acquittal was consequently dismissed. Abdul Waheed Butt, Advocate Supreme Court and Mahmood A.Qureshi, Advocate‑on‑Record for Petitioner. Ch.Abdul Wahid, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Respondent No.1. Ghulam Mustafa, Advocate Supreme Court, Rao M.Yousuf, Advocate- on‑Record for the State. Date of hearing: 21st January, 1990. NASIM HASAN SHAH, J. ‑‑This is a petition seeking leave to appeal against the acquittal of Shabbir Ahmad, respondent No.l, who was tried under section 302/201, P.P.C. for the murder of Muhammad Taqi and for causing disappearance of the evidence of the commission of the aforesaid offence. The Additional Sessions Judge had earlier convicted the respondent under section 302, P.P.C. vide judgment dated 31‑3‑1988 and sentenced him to imprisonment for life alongwith other minor punishments and also under section 201, P.P.C. wherein he was sentenced to five years' R.I. with a fine of Rs.2,
000. However, on appeal a learned Single Judge of the High Court after thoroughly discussing all aspects of the case reached the conclusion that the prosecution had failed to prove its case against Shabbir Ahmad (respondent No.l herein) and accordingly allowed his appeal and ordered his acquittal from all charges. Hence this petition by the complainant seeking reversal of the order of the acquittal. We have heard MrAbdul Waheed Butt in support of this petition but he has not been able to show any error of law committed by the learned Single Judge either in the appraisement of the evidence or in the approach adopted by him in disposing of the appeal. This petition, accordingly, fails and is dismissed hereby. N.H.Q./Q‑32/S Petition dismissed.