1968 PLP 1324 (SCMR)
Mst. FATEH KHATUN‑Petitioner Versus ADAM KHAN AND OTHERS‑Respondents
| Citation | 1968 PLP 1324 (SCMR) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | Mst. FATEH KHATUN‑Petitioner Versus ADAM KHAN AND OTHERS‑Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 1968 PLP 1324 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1968 PLP 1324 (SCMR)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1968 PLP 1324 (SCMR) (Mst. FATEH KHATUN‑Petitioner Versus ADAM KHAN AND OTHERS‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Saeedur Rehman Khan, Advocate Supreme Court instructed by Raja Abdur Razzaque, Attorney for Petitioner.
- M. A. Bajwa, Advocate Supreme Court instructed by Ijaz Ali, Attorney for Respondent No. 4.
- Nemo for Respondents 1‑3.
- Date of hearing : 24th June 1968.
Headnotes / Summary
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 17th November 1967, in Criminal Appeal No. 618 of 1966).
S. 302‑Conviction‑Sentence of death awarded by trial Court set aside by High Court on ground that no independent witness corroborated prosecution story‑Order of High Court held not opposed to any principle of justice- Special Leave to Appeal refused by Supreme Court. ORDER MUHAMMAD YAQUB ALI, J.‑The High Court has on appeal and reference under section 374 of the Code of Criminal Pro cedure set aside the convictions of the three respondents under section 302/34, P. P. C. and declined to confirm the sentences of death awarded to Arab Amir and Dost Muhammad, respondents Nos. 2 and 3 and quashed the sentence of transporta tion for life awarded to Adam Khan, respondent No. 1. The learned Judges found that although Muhammad Nawaz was murdered in the Surgical Ward of the Civil Hospital, Mianwali, at about sunset time no independent witness came forward to name the respondents as the culprits. On the contrary one of the patients appeared as a defence witness and deposed that the assailants had muted their faces. In view of this peculiar feature of the case it could not be said that the view taken by the learned Judges in the High Court was opposed to any principle for appraisal of evidence in a criminal case to warrant interference by this Court. The petition for leave to appeal from the order of acquittal is thus without any merit and we dismiss it. Leave refused.
Judgment & Decree
MUHAMMAD YAQUB ALI, J.‑The High Court has on appeal and reference under section 374 of the Code of Criminal Pro cedure set aside the convictions of the three respondents under section 302/34, P. P. C. and declined to confirm the sentences of death awarded to Arab Amir and Dost Muhammad, respondents Nos. 2 and 3 and quashed the sentence of transporta tion for life awarded to Adam Khan, respondent No.
1. The learned Judges found that although Muhammad Nawaz was murdered in the Surgical Ward of the Civil Hospital, Mianwali, at about sunset time no independent witness came forward to name the respondents as the culprits. On the contrary one of the patients appeared as a defence witness and deposed that the assailants had muted their faces. In view of this peculiar feature of the case it could not be said that the view taken by the learned Judges in the High Court was opposed to any principle for appraisal of evidence in a criminal case to warrant interference by this Court. The petition for leave to appeal from the order of acquittal is thus without any merit and we dismiss it. Leave refused.