2006 PLP 1021 (SCMR)
MUKHTAR SHAH — Petitioner Versus THE STATE — Respondent
| Citation | 2006 PLP 1021 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Abdul Hameed Dogar and Muhammad Nawaz Abbasi, JJ |
| Parties | MUKHTAR SHAH — Petitioner Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2006 PLP 1021 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 1021 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Abdul Hameed Dogar and Muhammad Nawaz Abbasi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 1021 (SCMR) (MUKHTAR SHAH — 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)---Petition was barred by 579 days for which no plausible explanation had been furnished---No illegality, misreading or non-appreciation of any material on record had been pointed out by accused---Accused had alleged that his deceased wife was a lady of bad-character and according to him, on the eventful night deceased had gone outside the house in field; her brother followed her and finding her in objectionable position with someone her brother, killed her---Said plea had not been established by accused to be true---Accused neither examined himself on oath nor led any evidence to rebute case of prosecution against him, which otherwise .was fully established on record by prosecution, whereby accused was apprehended at the spot while committing murder of his wife at the door of his house---Concurrent finding recorded by two Courts below with regard to guilt of accused, could not be interfered with. Syed Rafaqat Hussain Shah, Advocate Supreme Court for Petitioner Muhammad Zaman Bhatti, Advocate Supreme Court for the State.
- Date of hearing: 21st March, 2006.
Headnotes / Summary
(On appeal from the judgment of Lahore High Court, Lahore, dated 19-8-2002 passed in Criminal Appeal No.87-J of 2001).
Judgment & Decree
ABDUL HAMEED DOGAR, J.
At the very outset, this petition is barred by 579 days for which no plausible explanation has been furnished. Even on merits, though learned counsel argued the case at length, yet could not point out any illegality, misreading or non-appreciation of evidence. The plea raised by the petitioner in his statement under section 342, Cr.P.C. that he often used to remain outside his house and his wife namely Mst. Ruqayya Bibi used to reside in the house where his brother and father resided. She was lady of bad character and he used to admonish her from doing such acts. According to him, on the eventful night his wife had gone outside the house in field. Complainant Baqir Shah, brother of deceased, followed her and finding her in objectionable position with someone, killed her. This plea has not been established by the petitioner to be true. He neither examined himself on oath nor led any evidence to rebut the case of prosecution which otherwise is fully established on record by the prosecution whereby he was apprehended at the spot while committing murder of his wife Mst. Ruqayya at the door of his house. There being concurrent finding recorded by two Courts below with regard to guilt of accused, we do not find any reason to interfere. Accordingly, this petition, being devoid of any force, is dismissed as barred by time as well as on merits. H.B.T./M-53/SC Petition dismissed.