1989 PLP 1420 (SCMR)
SHAH MUHAMMAD and another Petitioners Versus Haji MUHAMMAD and 6 others Respondents
| Citation | 1989 PLP 1420 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, Javid Iqbal and Usman Ali Shah, JJ |
| Parties | SHAH MUHAMMAD and another Petitioners Versus Haji MUHAMMAD and 6 others Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 1989 PLP 1420 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1420 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, Javid Iqbal and Usman Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1420 (SCMR) (SHAH MUHAMMAD and another Petitioners Versus Haji MUHAMMAD and 6 others Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Akhtar Addl. A.‑G. with Abdus Samad Hashmi, Advocate Supreme Court and Rao Muhammad Yousaf Khan, Advocate‑on‑Record for Respondents.
- Date of hearing: 28th February, 1989.
- S. M. ldrees, Advocate Supreme Court and Sheikh, Masood Akhtar, Advocate‑on‑Record far Petitioners.
Headnotes / Summary
(On appeal from the judgment and .order of the Lahore High Court, Lahore, dated 26‑6‑1986, passed in Cr. A. No.349 of 1984). ‑‑‑Ss.302, 307, 148 & 149‑‑Constitution of Pakistan (1973), Art.185(3)‑‑High Court, after re‑appraisal of the statements of the prosecution witnesses and that of defence version, came to the conclusion that prosecution had failed to prove its case against the accused persons beyond reasonable doubt and thus they were given the benefit of doubt and acquitted No flaw in appraisal of evidence by the High Court was pointed out‑‑All the reasons recorded by the High Court for acquitting the accused were found sound by Supreme. Court‑‑Leave to appeal refused. S. M. ldrees, Advocate Supreme Court and Sheikh, Masood Akhtar, Advocate‑on‑Record far Petitioners.
Judgment & Decree
USMAN ALI SHAH, J.‑‑Leave to appeal has been sought by the petitioners against the judgment and order of Lahore High Court, Lahore, dated 26‑6‑1986, passed in Cr. A. No. 349 of 1984 whereby, all the six respondents were tried under sections 148, 302 and 307/149, P.P.C. for the murder of Muhammad Nazir and causing injuries to Razzaq by the Addl. Sessions Judge, Faisalabad, convicted them on the said charges and sentenced them under section 148, P.P.C. for R.I. 1 year, under section 307/149, P.P.C. for five years R.I. and under section 302, P.P.C., R.I. for life imprisonment and each of them was fined to Rs.5,000 or in default to suffer further R.I. for six months. Their sentences were directed to run concurrently. All the accused/respondents filed appeal before the High Court, against their convictions and sentences. A learned Single Judge who heard the appeal, after re‑appraisal of the statements of the prosecution witnesses and that of the defence version, came to the conclusion that the prosecution has failed to prove its case against the respondents beyond any reasonable doubt and thus they were given the benefit of doubt and acquitted them. from the above said charges. The learned counsel for the petitioners before this Court has not been able to point out any flaw in appraisal of the evidence by the High Court. All the reasons recorded by the High Court for acquitting all the six accused are sound. As such it does not call for any interference by this Court. Thus the petition is therefore, dismissed. Leave refused. M.B.A./S‑279/S Petition dismissed