2002 PLP 1289 (SCMR)
MUHAMMAD ANWAR ‑‑‑Petitioner Versus THE STATE‑‑‑‑Respondent
| Citation | 2002 PLP 1289 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Qazi Muhammad Farooq and Tanvir Ahmed Khan, JJ |
| Parties | MUHAMMAD ANWAR ‑‑‑Petitioner Versus THE STATE‑‑‑‑Respondent |
Q1: What are the key laws and sections cited in 2002 PLP 1289 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 1289 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Qazi Muhammad Farooq and Tanvir Ahmed Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 1289 (SCMR) (MUHAMMAD ANWAR ‑‑‑Petitioner Versus THE STATE‑‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Imran Ahmed Malik, Advocate Supreme Court and Mahmudul Islam, Advocate‑on‑Record (absent) for Petitioner.
- Date of hearing: 14th February, 2002.
Headnotes / Summary
(On appeal from the judgment dated 22‑10‑2001 of the Lahore High Court, Lahore passed in Criminal Appeal No.899 of 1996). Penal Code (XLV of 1860)‑‑‑ ‑‑‑‑S 302(b)‑‑‑Constitution of Pakistan (1973), Art;185(3) ‑‑‑ Contentions were that identification of accused in the night time occurrence in moonlight and torch light was questionable particularly when the torch‑mentioned in the F.I.R. was not taken into possession by the police; that the ocular evidence furnished by interested and inimical witnesses who were closely related to the deceased lacked corroboration; that the role attributed to the accused was at par with that of his acquitted co‑accused and that the evidence on record was not appreciated in consonance with the principles laid down by Supreme Court for appraisal of evidence in criminal cases‑‑‑Leave to appeal was granted to accused by the Supreme Court to consider such contentions. Nemo for the State.
Judgment & Decree
QAZIMUHAMMAD FAROOQ, J.‑‑‑This petition for leave to appeal is directed against the judgment dated 22‑10‑2001 of a learned Division Bench of the Lahore High Court, Lahore whereby conviction of the petitioner Muhammad Anwar under section 302(b), P.P.C. for the murder of one Mumtaz Nawaz, recorded by the learned Additional Sessions Judge, Sargodha vide judgment dated 28‑10‑1996, was upheld but the sentence of death awarded to him was altered to imprisonment for life.
2. It was contended by the learned counsel for the petitioner that the occurrence had taken place at night and identification of the petitioner as the accused in moonlight and torch light was questionable particularly when the torch mentioned in the F.I.R. had not been taken into possession by the police. It was also contended that the ocular evidence had not only been furnished by interested and inimical witnesses, who were closely related to p, the deceased, but corroborative evidence was also lacking. It was further contended that the role attributed to the petitioner was at par with that of his acquitted co‑accused Muhammad Hayat and Muhammad Yara. It was lastly contended that the evidence in the case was not appreciated in consonance with the principles laid down by this Court for appraisal of evidence in criminal cases. Leave is granted to consider the above contentions. N.H.Q./M‑387/S Leave granted