2011 SCMR 971 (PLP)
FAISAL MEHMOOD — Petitioner Versus THE STATE-Respondent
| Citation | 2011 SCMR 971 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Nasir-ul-Mulk and Jawwad S. Khawaja, JJ |
| Parties | FAISAL MEHMOOD — Petitioner Versus THE STATE-Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2011 SCMR 971 (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 SCMR 971 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Nasir-ul-Mulk and Jawwad S. Khawaja, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 SCMR 971 (PLP) (FAISAL MEHMOOD — Petitioner Versus THE STATE-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Zaman Bhatti, Advocate Supreme Court for Petitioner.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, Rawalpindi Bench, Rawalpindi, dated 9-6-2009 passed in Criminal Appeal No. 465 of 2004, M.R. No. 762 of 2004).
S. 302(b)
Constitution of Pakistan, Art. 185(3)
Accused had been convicted and sentenced to death on six counts for having murdered his step-in other and her children of tender age
No eye-witness of the occurrence on record
Prosecution case was based on the extra judicial confession of the accused and the last seen evidence
Leave to appeal was granted to accused by Supreme Court to examine whether the evidence produced by prosecution was adequate to maintain his conviction. Syed Ali Imran Shah, Dy. P.-G., Punjab for the State.
Judgment & Decree
NASIR-UL-MULK, J.
The conviction and sentence of death on six counts under section 302(b), P.P.C. of the petitioner was upheld by the Lahore High Court on 9-6-2009, against which the petitioner his filed this jail petition for leave to appeal.
2. The petitioner is alleged to have murdered his step mother, Mst. Shafia Bibi and her children all of tender age and the report to the police was made by the petitioner's father, Muhammad Ajaib. The complainant did not claim to be an eye-witness of the occurrence and had stated that he was a chowkidar and at the time of the incident, was away from the house when he was informed about the incident. The motive for the offence disclosed by the complainant was that the petitioner, whose mother had passed away before the complainant contracted second marriage, remained unhappy with his step-mother and wanted to grab his land.
3. We heard Mr. Muhammad Zaman Bhatti, learned counsel for the petitioner at some length and also examined the evidence. There is no eye-witness of the occurrence and the prosecution case is based on the extra judicial confession alleged to have been made by the petitioner before Muhammad Aslam (P.W.10) and the last seen evidence furnished by Mushtaq Ahmed (P.W.7).
4. We grant leave to appeal to examine whether the evidence produced by the prosecution was adequate to maintain the petitioner's conviction and sentence. N.H.Q./F-3/SC Leave granted.