1987 PLP 844 (SCMR)
Haji Hafiz RASHID AHMAD‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1987 PLP 844 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain and Saad Saood Jan, JJ |
| Parties | Haji Hafiz RASHID AHMAD‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 1987 PLP 844 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 844 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 844 (SCMR) (Haji Hafiz RASHID AHMAD‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ‑‑‑S. 302‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Petitioner convicted and sentenced to death for murder of his wife‑‑Counsel for petitioner arguing that although petitioner had admitted to have killed his wife but his counter‑version constituted plea of defence, which had not been given due weight, that there was possibility of defence version being correct and that as such petitioner should have been given the benefit of doubt and acquitted‑‑Evidence on record not justifying acceptance of such contentions and finding of High Court found to be correct‑‑Leave to appeal refused.
- Ijaz Hussain Batalvi, Advocate Supreme Court and Walayat Umar Chaudhry, Advocate‑on‑Record for Petitioner.
- Date of hearing: 2nd March, 1987.
Headnotes / Summary
(Against the judgment of the Lahore High Court, Bahawalpur Bench, dated 17‑12‑1986 passed in Criminal Appeal No. 89 of 1984/BWP). Nemo for the State.
Judgment & Decree
Ijaz Hussain Batalvi, Advocate Supreme Court and Walayat Umar Chaudhry, Advocate‑on‑Record for Petitioner. Nemo for the State. Date of hearing: 2nd March, 1987. ASLAM RIAZ HUSSAIN, J.‑‑Hafiz Rashid Ahmad petitioner was tried for the murder of his wife for which he was convicted and sentenced to death by the trial Court. His appeal was dismissed by the High Court vide the impugned judgment dated 23‑11‑1986 and sentence of death was confirmed. He now seeks leave to appeal against the aforementioned judgment of the High Court.
2. We have gone through the impugned judgment and heard the learned counsel for the petitioner at considerable length. He sought to argue that although the petitioner admitted having killed his wife but has given a counter‑version which constitutes the plea of defence. He submitted further that the defence version put forward by the petitioner had not been given due weight. He urged that petitioner's defence version if placed in juxtaposition with the prosecution version, it would appear that there is a reasonable possibility of the defence version being the correct one. As such he should have been given the benefit of doubt and acquitted.
4. Having considered the evidence on the record in the light of the aforementioned contentions we are not persuaded to agree with the learned counsel and find ourselves in respectful agreement with the finding of the High Court on the aforementioned question. Leave is consequently refused. S.Q./R‑11/S Leave refused.