2011 SCMR 1407 (PLP)
FIDA HUSSAIN — Petitioner Versus THE STATE — Respondent
| Citation | 2011 SCMR 1407 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Moosa Khan Leghari and Sheikh Hakim Ali, JJ |
| Parties | FIDA HUSSAIN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2011 SCMR 1407 (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 1407 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Moosa Khan Leghari and Sheikh Hakim Ali, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 SCMR 1407 (PLP) (FIDA HUSSAIN — 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.
- Date of hearing: 2nd April, 2009.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, Bahawalpur Bench, Bahawalpur, dated 4-6-2008, passed in M.R. No. 35 of 2002/BWP, Criminal Appeal No. 140 of 2002/BWP).
S. 302(b)
Constitution of Pakistan, Art. 185(3)
Statements of eye-witnesses under S.161, Cr.P.C., were recorded after 10 days of the incident
One of the prosecution witnesses in his examination-in-chief had stated that deceased was lying dead in the wheat crop
Recovery memos and the evidence recorded by the Investigating Officer, seemed to be manipulated
Leave to 'appeal was granted for the safe administration of justice. Nemo for the State.
Judgment & Decree
MUHAMMAD MOOSA KHAN LEGHARI, J.
The petitioner seeks leave to appeal against the judgment dated 4-6-2008 passed by the Lahore High Court, Bahawalpur Bench. By the aforesaid judgment, the conviction and sentence of death awarded to the petitioner by the Additional Sessions Judge, Bahawalpur dated 7-5-2002 under section 302(b), P.P.C. for causing qatl-e-amd of deceased Qamar Hussain was upheld.
2. It is inter alia contended by the learned counsel for the petitioner that admittedly 161, Cr.P.C. statement of eye-witness Mumtaz Mai (P.W.1) was recorded after 10 days of the incident and that Zafar Hussain (P.W.2) in his examination-in-chief stated that when he and other witnesses reached on the spot, they saw that deceased Qamar Hussain was lying dead in the wheat crop. Learned counsel has also referred to the recovery memos and the evidence recorded by the Investigation Officer to show that those were manipulated.
3. In the given circumstances, we are persuaded to grant leave to re-appraise the evidence for the safe administration of justice. H.B.T./F-8/SC Leave granted.