2008 PLP 251 (SCMR)
MUHAMMAD NASAR and another — Petitioners Versus THE STATE — Respondent
| Citation | 2008 PLP 251 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Tassaduq Hussain Jillani and Nasir-ul-Mulk, JJ |
| Parties | MUHAMMAD NASAR and another — Petitioners Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2008 PLP 251 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 251 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Tassaduq Hussain Jillani and Nasir-ul-Mulk, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 251 (SCMR) (MUHAMMAD NASAR and another — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----S. 302(b)---Constitution of Pakistan (1973), Art.185(3)---Petitioners sought leave to appeal against judgment of Division Bench of High Court whereby appeal of petitioners against their conviction and sentence under S.302(b), P.P.C. was dismissed and sentence of death awarded to them was maintained---Both courts had concurrently held that prosecution case to the extent of petitioners inspired confidence; that the testimony of witnesses was consistent on material particulars; and that eye-witnesses, though related, were natural witnesses---Said witnesses were subjected to lengthy cross-examination, but their credibility insofar as the role attributed to petitioner was concerned, could not be shattered---Incident was a broad daylight occurrence--- Both petitioners/accused were specifically named in the F.I.R. and. they were attributed the fatal shots---Prosecution during the trial was able to prove the story as set out in the F.I.R. so far as the petitioners were concerned---Counsel for petitioners had not been able to refer to any piece of evidence, which, If considered, could persuade the court to interfere with the concurrent findings of guilt---No evidence was led during the trial to the effect that one of the petitioners was a student studying in a school or that he was a minor---Impugned judgments were unexceptionable---Petition for leave to appeal lacking in merit was dismissed.
- M. Ozair Chughtai, Advocate-on-Record for Petitioners.
- Nemo for Respondent.
- "Brief facts of the case as narrated in complaint Exh.P.F. written by Mst. Kausar Tariq are that on the fateful day her father Muhammad Amir, her brother Abdul Razzaq, who was lecturer in P.A.F. College, Peshawar, both deceased, her brother Zahid Nadeem P. W.7, Muhammad Arshad and her sister Mst. Jamila Bibi (given up P.Ws.) were present in the chamber of Syed Muhammad Akram Shah, Advocate, in connection with proceedings under section 145, Cr.P.C. pending before Assistant Commissioner, Minchanabad at about 10-00 a.m. accused Nasir son of Asif, Allah Bakhsh son of Muhammad Siddiq, Ubaid Ullah son of Muhammad Jahangir, Habib Ullah son of Haji Jahangir, Muhammad Siddiq son of Bahawal, Talib Hussain son of Muhammad Umar, Muhammad Tahir son of Muhammad Umar came there straight in the Chamber of said Advocate, accused Nasir fired at Muhammad Amir which hit on his chest and he fell down. Accused Ubaid Ullah caught hold of said Muhammad Amir from his legs and asked Nasir to fire him as he was alive, on it Nasir accused made 3/4 fires on the deceased. Meanwhile Allah Bakhsh accused fired with .12 bore pistol at Abdul Razzaq, who entered in the Chamber by running which hit him on his back and he fell down. Accused Tahir caught hold of Abdul Razzaq deceased from his legs and raised Lalkara to Allah Bakhsh accused, he fired at Abdul Razzaq and both the deceased succumbed to the injuries at the spot. Habib Ullah, Muhammad Siddiq and Talib Hussain accused, who had pistols in their hands, were raising Lalkara that if any one would come near he would be murdered. It is alleged in the complaint that the occurrence was committed on the abetment of accused Muhammad Umar and Ghulam Rasool and the same was witnessed by the complainant. Zahid Nadeem P.W.7. Rashid Ahmad and Mst. Jamila Bibi brothers and sister of the complainant."
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court, Bahawalpur Bench, dated 23-2-2006 passed in Criminal Appeal No.170 of 2002 and Murder Reference No.56 of 2002).
Judgment & Decree
Petitioners seek leave to appeal against the judgment, dated 23-2-2006 vide which a learned Division Bench of the Lahore High Court dismissed petitioners' appeal and maintained the conviction of the petitioners under section 302(b), P.P.C. and sentence of death for the murder of Abdur Razzaq and Muhammad Arneer (in case registered vide F.I.R. No.170 of 2000, dated 31-7-2000 under sections 302/34, 109, P.P.C. Police Station Minchanabad). In all nine accused were tried by the Additional Sessions Judge, Chishtian and while acquitting the rest both the petitioners were convicted and sentenced in terms noted above.
2. Learned counsel for the petitioners seek leave on the ground that there are contradictions in the statements of the prosecution witnesses; that the medical evidence does not corroborate the ocular account; that the story as given in the F.I.R. is unnatural and that petitioner No.1 is a minor and does not deserve the sentence of death.
3. The prosecution story as given in para.2 of the impugned judgment is as follows:-- "Brief facts of the case as narrated in complaint Exh.P.F. written by Mst. Kausar Tariq are that on the fateful day her father Muhammad Amir, her brother Abdul Razzaq, who was lecturer in P.A.F. College, Peshawar, both deceased, her brother Zahid Nadeem P. W.7, Muhammad Arshad and her sister Mst. Jamila Bibi (given up P.Ws.) were present in the chamber of Syed Muhammad Akram Shah, Advocate, in connection with proceedings under section 145, Cr.P.C. pending before Assistant Commissioner, Minchanabad at about 10-00 a.m. accused Nasir son of Asif, Allah Bakhsh son of Muhammad Siddiq, Ubaid Ullah son of Muhammad Jahangir, Habib Ullah son of Haji Jahangir, Muhammad Siddiq son of Bahawal, Talib Hussain son of Muhammad Umar, Muhammad Tahir son of Muhammad Umar came there straight in the Chamber of said Advocate, accused Nasir fired at Muhammad Amir which hit on his chest and he fell down. Accused Ubaid Ullah caught hold of said Muhammad Amir from his legs and asked Nasir to fire him as he was alive, on it Nasir accused made 3/4 fires on the deceased. Meanwhile Allah Bakhsh accused fired with .12 bore pistol at Abdul Razzaq, who entered in the Chamber by running which hit him on his back and he fell down. Accused Tahir caught hold of Abdul Razzaq deceased from his legs and raised Lalkara to Allah Bakhsh accused, he fired at Abdul Razzaq and both the deceased succumbed to the injuries at the spot. Habib Ullah, Muhammad Siddiq and Talib Hussain accused, who had pistols in their hands, were raising Lalkara that if any one would come near he would be murdered. It is alleged in the complaint that the occurrence was committed on the abetment of accused Muhammad Umar and Ghulam Rasool and the same was witnessed by the complainant. Zahid Nadeem P.W.7. Rashid Ahmad and Mst. Jamila Bibi brothers and sister of the complainant."
4. Having considered the submissions made by petitioner's learned counsel and having gone through the prosecution evidence, we are of the view that the accused whose case was not free from doubt have already been acquitted by the trial Court. So far as the role attributed to petitioners is concerned, both the Courts have concurrently held that the case to their extent inspired confidence; that the testimony of witnesses was consistent on material particulars and that the eye-witnesses namely P. W.6 Kausar Tariq and P. W.7 Zahid Nadeem though related were natural witnesses. These witnesses were subject to lengthy cross-examination but their credibility insofar as the role attributed to the petitioners is concerned, could not be shattered. It was a broad-daylight occurrence. Both the accused were specifically named in the F.I.R. and they were attributed the fatal shots. During trial the prosecution was able to prove the story as set out in the F.I.R. insofar as the petitioners were concerned. Learned counsel for the petitioners has not been able to refer to any piece of evidence which, if considered, could persuade this Court to interfere with the concurrent findings of guilt. Coming to the argument that .the case of petitioner No. 1 Muhammad Nasir has mitigating elements i.e. he was minor or that he was a student; we note that admittedly no evidence was led during trial to the effect that he was a student studying in a school or that he was a minor. This argument, therefore, has no substance.
5. For the afore-referred reasons, the impugned judgments are unexceptionable. This petition lacking in merit is accordingly dismissed and leave refused. H.B.T./M-121/SC Leave refused.