1968 SCMR 499 (PLP)
ABDUL LAT1F-Petitioner Versus THE STATE-Respondent
| Citation | 1968 SCMR 499 (PLP) |
| Forum / Court | High Court |
| Bench Members | A. R. Cornelius, C. J. and Fazle-Akbar, J |
| Parties | ABDUL LAT1F-Petitioner Versus THE STATE-Respondent |
Q1: What are the key laws and sections cited in 1968 SCMR 499 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1968 SCMR 499 (PLP)?
The case was heard and decided by the High Court bench comprising: A. R. Cornelius, C. J. and Fazle-Akbar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1968 SCMR 499 (PLP) (ABDUL LAT1F-Petitioner Versus THE STATE-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- A. K. Brohi, Senior Advocate Supreme Court (Muhammad Hayat, Junejo, Advocate Supreme Court with him) instructed by A. H. Memon, Attorney for Petitioner.
Headnotes / Summary
(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 22nd January 1968, in Criminal Appeal No, 158 of 1966). Penal Code (XLV of 1860), S. 307- Conviction under section- Evidence requiring re-examination- Special Leave to Appeal granted by Supreme Court. Nemo for the State.
Judgment & Decree
FAZLE-AKBAR, J.- The petitioner Abdul Latif and two others, namely, Khamiso and Haji, were convicted under section 307/34, P. P. C. and sentenced to rigorous imprisonment for seven years each and a fine of Rs. 50 each by the Sessions Judge, Nawabsbah, Abdul Latif was also convicted under section 13(d) of the Arms Ordinance and sentenced to rigorous imprisonment for one year. His sentences were to run concurrently. On appeal, a learned Single Judge of the High Court acquitted Khamiso and Haji and while maintaining the conviction of Abdul Latif reduced his sentence under section 307, P. P. C. to rigorous imprisonment for four years. He, however, maintained his conviction under section 13(d) of the Arms Ordinance. Latif seeks special leave to appeal against the judgment of the High Court. The occurrence took place in a jungle at Somani time on 31-1.65. According to the prosecution, when Talib Hussain, Bhuro and Dodo were returning from the mosque after Isha prayers, Talib Hussain went into a nearby jungle to ease himself and found Latif, Khamiso and Haji standing in a suspicious manner. As on being challenged they started running away, Talib Hussain, Bhuro and Dodo pursued them and when they-found out their hiding place, Talib Hussain grappled with Khamiso. Thereupon, Latif fired a shot at Talib Hussain. He again tried to re-load his pistol but could not do so as the fired cartridge had stuck into the pistol. The accused then ran away from the place. It was contended, inter alia: i. that the incident took place in a jungle in a dark night and it would not be safe to base conviction of this petitioner on the identification of the witnesses by means of a torch light ; ii. that the motive for implicating this petitioner was not lacking ; iii. that the observation of the learned Single Judge of the High Court that the petitioner was known to the witnesses is not supported by the evidence, and iv. that there were material discrepancies in the evidence of the witnesses. These points do not appear to be without substance. We are, therefore, of the opinion that for safe administration of justices A the evidence in this case should be re-examined. We accordingly grant leave to appeal. The petitioner will be released on bail to the satisfaction of the District Magistrate, pending disposal of this appeal. Petition accepted.