2008 PLP 1355 (SCMR)
ASAD NAVEED alias DANGAR — Petitioner Versus THE STATE — Respondent
| Citation | 2008 PLP 1355 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Munir A. Sheikh, Faqir Muhammad Khokhar and Karamat Nazir Bhandari, JJ |
| Parties | ASAD NAVEED alias DANGAR — Petitioner Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2008 PLP 1355 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 1355 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Munir A. Sheikh, Faqir Muhammad Khokhar and Karamat Nazir Bhandari, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 1355 (SCMR) (ASAD NAVEED alias DANGAR — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Muhammad Sikandar Hayat, Advocate Supreme Court for Petitioner (in Criminal Petition No.660-L of 2002).
- Muhammad Iqbal Bhatti, Advocate Supreme Court for Petitioner (in Criminal Petition No.661-L of 2002).
- Date of hearing: 23rd December, 2003.
Headnotes / Summary
(On appeal from the judgment dated 8-7-2002 of the Lahore High Court passed in Crl. As. Nos.377, 336 of 2001 and Crl. Revision No.186 of 2001).
S. 302(c)
Constitution of Pakistan (1973), Art.185(3)
Case being fit for reappraisal of evidence, leave to appeal was granted by Supreme Court to accused seeking acquittal in his petition and also to the complainant in his petition for enhancement of sentence.
Judgment & Decree
By this common order, we propose to decide both the titled petitions. The petitioner-convict Asad Naveed has filed Criminal Petition No.660-L of 2002 seeking his acquittal whereas Criminal Petition No.661-L of 2002 has been filed by the complainant for enhancement of his sentence. The learned Judge of the High Court came to the following conclusions in the impugned judgment:-- "If I believe the version of the Tariq appellant mentioned above in totality then it becomes a case of acquittal but according to my considered opinion, neither the complainant party nor accused approached the Court with clean hands. Both are telling a lie, they have suppressed their role at the time of occurrence. In my considered opinion, fight had taken place only between Asad Naveed and Shah Hussain deceased and it was Asad Naveed who fired a fatal shot on the person of the deceased. Had the other four accused persons were having with them fire-arms then the damage should have been at a very large scale, as I have held in earlier paragraph that both the parties have not approached with clean hands. Asad Naveed alias Dangar had already been awarded maximum sentence under section 302(c), P.P.C. So I cannot sentence him to undergo death as held me in the earlier paragraph because no appeal against his acquittal under section 302(a) or (b), P.P.C. has been filed by the State or the for the complainant, so conviction and sentence recorded against Asad Naveed alias Dangar appellant by the learned trial Court is maintained." In our view, it is a fit case for reappraisal of evidence, therefore, leave is granted in both the cases. N.H.Q./A-11/SC???????????????????????????????????????????????????????????????????????????????? Leave granted.