2001 SCMR 1543 (PLP)
BASHIR AHMED ‑‑‑ Petitioner Versus MUHAMMAD RIAZ and 3 others‑‑‑Respondents
| Citation | 2001 SCMR 1543 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Rashid Aziz Khan, |
| Parties | BASHIR AHMED ‑‑‑ Petitioner Versus MUHAMMAD RIAZ and 3 others‑‑‑Respondents |
Q1: What are the key laws and sections cited in 2001 SCMR 1543 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 SCMR 1543 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Rashid Aziz Khan,.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 SCMR 1543 (PLP) (BASHIR AHMED ‑‑‑ Petitioner Versus MUHAMMAD RIAZ and 3 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- M.A. Zafar, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 25th April, 2001.
Headnotes / Summary
(On appeal from the judgment/order dated 15‑1‑2001 passed by Lahore High Court, Lahore in Criminal Appeal No.37 of 1993 and M.R. No.35 of 1993). Penal Code (XLV of 1860)‑‑‑ ‑‑‑‑S.302/34‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑High Court without discussing evidence or assigning any reason had just come to the conclusion that the deceased was done to death by the fire of complainant side‑‑‑Evidence on the basis of which High Court had reached such conclusion was not clear‑‑‑Leave to appeal was granted by Supreme Court for reappraisal of evidence in circumstances.
Judgment & Decree
RASHID AZIZ KHAN, J, ‑‑‑We have heard the learned counsel for the petitioner at length and with his assistance gone through the judgment impugned. The main contention of the learned counsel for the petitioner is that the assailants came from a distance of three kilometres to the place of abode of the complainant side and launched an attack with fire‑arms which resulted in the death of Muhammad Ishaq on the side of complainant and Muhammad Aslam Bagga on the side of accused persons. Submits that the learned Division Bench of Lahore High Court erred in law by holding that it was a sudden affair without giving any finding to effect that they came armed with fire‑arm from a far‑off place with the intention to launch murderous assault on the complainant side. We have also noticed that learned Division Bench without discussing evidence or assigning any, reason just came to the conclusion that Muhammad Aslam Bagga was done to death by the fire of A complainant side. The evidence on the basis of which they came to this conclusion is not clear. We feel, it is a fit case in which leave to appeal should be granted for reappraisal of evidence. Order accordingly. Let bailable warrants of arrest against Muhammad Riaz, Muhammad Akram and Muhammad Nawaz in the sum of Rs.50,000 each, with one surety in the like amount, returnable to Sessions Judge, Faisalabad be issued. N.H.Q./42/B‑S Leave granted.