1988 PLP 359 (SCMR)
MANZOOR AHMAD‑‑Petitioner Versus THE STATE and another‑‑Respondents
| Citation | 1988 PLP 359 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah, S. A.Nusrat and Ali Hussain Qazilbash, JJ |
| Parties | MANZOOR AHMAD‑‑Petitioner Versus THE STATE and another‑‑Respondents |
| Primary Law | Penal Code (XLV of 1860)‑‑ |
Q1: What are the key laws and sections cited in 1988 PLP 359 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 359 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah, S. A.Nusrat and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 359 (SCMR) (MANZOOR AHMAD‑‑Petitioner Versus THE STATE and another‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Khan Muhammad Bajwa, Advocate Supreme Court and S.Abid Nawaz, Advocate ‑on‑Record for Petitioner.
- Date of hearing: 24th November, 1987.
- Kh. Muhammad Asghar, Advocate Supreme Court and Ejaz Ahmad Khan, Advocate‑ on‑Record for the State.
Headnotes / Summary
(From the judgment of the High Court dated 19‑12‑1982 passed in Murder Reference No.220 and Criminal Appeal 561 of 1979). ‑‑Ss.302,376 & 404‑‑Constitution of Pakistan (1973), Art.185(3)‑ Petition against acquittal‑‑Conviction of respondents based on last seen evidence, extra‑judicial confession, recoveries and medical evidence‑‑nigh Court noticing that occurrence took place much before time alleged by prosecution, acquitted accused‑‑Supreme Court on examination of evidence upheld acquittal and refused leave to appeal. Kh. Muhammad Asghar, Advocate Supreme Court and Ejaz Ahmad Khan, Advocate‑ on‑Record for the State.
Judgment & Decree
S.A.NUSRAT, J.‑‑Manzoor Ahmad, petitioner/ complainant, has brought this petition for leave to appeal from the impugned judgment of the learned High Court whereby the respondent Falak Sher was acquitted of the charge under sections 302,376 and 404, P.P.C. for committing the murder of Mst. Munawar Bibi. The respondent was tried by the Additional Sessions Judge, Qasur, convicted and sentenced to death under section 302, P . P . C . with fine, imprisonment for life under section 376, P.P.C. and three years R.I. with fine under section 404, P . P . C . 2. Admittedly, it was an unwitnessed crime and the conviction was based by the trial Court on the last seen evidence furnished by P.W. Nawab, extra‑judicial confession of the respondent before Manak P . W . , the recoveries and the medical evidence. 3. The learned High Court found that the most important point for determination in the case was, as to how long before recovery of dead body, Mst. Munawar Bibi was done to death. The dead body was found to be in extreme state of decomposition from which it was inferred by the learned High Court, and rightly so when looked into the background of the evidence, that the occurrence had taken place much before the time as alleged by the prosecution. In order to satisfy ourselves, we have also examined the evidence in the case and find that other pieces of evidence are also such as would not have warranted conviction of the respondents. In this view of the matter, we find no substance in this petition, which is dismissed. M. I. /M‑279/S Petition dismissed.