SCMR 1968

1968 PLP (1) (SCMR)

ASHIQ alias ASHO‑Petitioner Versus THE STATE‑Respondent

Jurisdiction / Court
High Court
Decided Date
Petition for Special Leave to Appeal No. 187 of 1968, decided on 25th June 1968.
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 1968 PLP (1) (SCMR)
Forum / Court High Court
Bench Members N/A
Parties ASHIQ alias ASHO‑Petitioner Versus THE STATE‑Respondent
Primary Law Penal Code (XLV of 1860)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1968 PLP (1) (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 (1) (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 (1) (SCMR) (ASHIQ alias ASHO‑Petitioner Versus THE STATE‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Penal Code (XLV of 1860)

Representation

  • Ghulam Mohyuddin, Advocate Supreme Court instructed by S. Wajid Hussain, Attorney for Petitioner.
  • Date of hearing : 25th June 1968.

Headnotes / Summary

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 15th April 1968, in Criminal Appeal No. 285 of 1967). -- S. 307‑Accused stabbing the back of a person with knife‑Plea of self‑defence negatived by Courts below for cogent reasons‑Conviction in circumstance under S. 307 held correct‑Special Leave to Appeal refused by Supreme Court. Nemo for the State. JUDGMENT FAZLE‑AKBAR, C. J.‑The petitioner stands convicted under section 307 of the Pakistan Penal Code and sentenced to rigorous imprisonment for seven years. He has also been convicted under section 13 of the Arms Ordinance. The fact that this petitioner inflicted injuries on Jalal Din with a knife has been amply established by the eye‑witnesses and we are, therefore, of the opinion that his convictions on the afore said charges are not open to any exception. In our opinion, his plea of self defence has also been rightly rejected by the Courts below. He had stabbed on the back of Jaia1 Din's chest with a knife and hence the contention that the offence would not fall within section 307 cannot be accepted. For the reasons stated above we see no ground for interference and, accordingly, dismiss this petition. Leave refused.

Judgment & Decree

FAZLE‑AKBAR, C. J.‑The petitioner stands convicted under section 307 of the Pakistan Penal Code and sentenced to rigorous imprisonment for seven years. He has also been convicted under section 13 of the Arms Ordinance. The fact that this petitioner inflicted injuries on Jalal Din with a knife has been amply established by the eye‑witnesses and we are, therefore, of the opinion that his convictions on the afore said charges are not open to any exception. In our opinion, his plea of self defence has also been rightly rejected by the Courts below. He had stabbed on the back of Jaia1 Din's chest with a knife and hence the contention that the offence would not fall within section 307 cannot be accepted. For the reasons stated above we see no ground for interference and, accordingly, dismiss this petition. Leave refused.