1990 PLP 1284 (SCMR)
NISAR AHMAD‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 1990 PLP 1284 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Saad Saood Jan and Ghulam Mujaddid, JJ |
| Parties | NISAR AHMAD‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 1284 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 1284 (SCMR)?
The case was heard and decided by the High Court bench comprising: Saad Saood Jan and Ghulam Mujaddid, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 1284 (SCMR) (NISAR AHMAD‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
(From the judgment dated 17‑3‑1984 of the Lahore High Court, Lahore in Criminal Appeal No.456 & Murder Reference No.129 of 1980). ‑‑‑‑Ss.302 &. 366‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Case against accused rested on his extrajudicial confession and circumstantial evidence‑‑‑Even if extra judicial confession was excluded from consideration, sufficient evidence existed on record leaving no room for doubt that accused was responsible for killing the deceased‑‑‑Significant circumstances in this context were explained‑‑ Petition for leave to appeal was dismissed in circumstances.
Judgment & Decree
(i) the petitioner took away the deceased from his house on the night of 11‑1‑1978; thereafter the deceased was not seen alive by any one; (ii) on the following morning the petitioner returned alone to the house of the deceased and made a false statement to his wife that the deceased had obtained employment in a ghee mill; (iii) about nine days later the dead body of the deceased was recovered from the midst of a thick jungle at the pointing out of the petitioner; it was lying on the bank of a Nalla and had been partly eaten by wild animals; (iv) the medical evidence indicated that the deceased was killed at about the time he left in the company of the petitioner from his house; (v) the petitioner took the wife of the deceased to Multan on the false pretext of uniting her with her husband; (vi) a blood‑stained hatchet was recovered at the instance of the petitioner; . (vii) a wallet belonging to the deceased and containing his identity card and a photograph and an envelope bearing the address of the deceased were recovered from the possession of the petitioner; (viii) the petitioner prevaricated with regard to the whereabouts of the deceased before a number of persons. Taking these circumstances into consideration I am of the opinion that he has been rightly convicted of offences under sections 302 and 366 of the 113 Pakistan Penal Code. I would therefore, dismiss this petition. OPINION OF THE SECOND JUDGE GHULAM MUJADDID, J.‑‑‑I agree. The petition is dismissed. N.H.Q./N‑260/S Petition dismissed.