1987 PLP 1849 (SCMR)
MEHAR ELAHI‑‑Petitioner Versus NADEEM AHMAD and another‑‑Respondents
| Citation | 1987 PLP 1849 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah, Javid Iqbal and Saad Saood Jan, JJ |
| Parties | MEHAR ELAHI‑‑Petitioner Versus NADEEM AHMAD and another‑‑Respondents |
| Primary Law | Penal Code (XLV of 1860)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 1849 (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 1849 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah, Javid Iqbal 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 1849 (SCMR) (MEHAR ELAHI‑‑Petitioner Versus NADEEM AHMAD and another‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Riyasat Ali, Advocate Supreme Court and M.A. Qureshi, Advocate‑on‑Record for Petitioner.
- Date of hearing: 19th July, 1987.
- Pervaiz Alamgir Advocate Supreme Court for the State.
Headnotes / Summary
(On appeal from the judgment dated 10‑2‑1981 of the Lahore High Court, Lahore in Criminal Appeal No.1018 of 1979 and Murder Reference No.291 of 1979). ‑‑‑S. 302‑‑Constitution of Pakistan (1973), Art.185(3)‑‑Leave to appeal, grant of‑‑Appreciation of evidence‑‑Petition against acquittal‑‑Accused/respondent convicted under section 302, P.P.C. and awarded capital punishment with fine‑‑Prosecution relying upon judicial confession made by respondent before City Magistrate, an extra‑judicial confession, statement of approver and recoveries‑‑High Court, in appeal, rejected prosecution evidence on somewhat dubious reasoning and acquitted accused‑‑Leave to appeal granted for further consideration of case‑ ‑Non‑bailable warrants issued against accused. Pervaiz Alamgir Advocate Supreme Court for the State.
Judgment & Decree
NASIM HASAN SHAH, J.‑‑This petition for leave to appeal is directed against the judgment of a Division Bench of the Lahore High Court dated 10‑2‑1981 passed in Criminal Appeal No. 1018 of 1979 and Murder Reference No.291 of 1979, whereby respondent No.l Nadeem Ahmad was acquitted of the charge under section 302, P.P.C. and the sentence of death passed against him was set‑aside. Nadeem Ahmad, a college student, was arrested for the murder of Karam Elahi under whom he was an apprentice alongwith one Muhammad Arif. The latter became an approver and subsequently deposed against him. The trial Judge, by his judgment dated 27‑9‑1979, found Nadeem Ahmad guilty of murder and sentenced him to death plus a fine of Rs.5,000 (to be paid to the heirs of the deceased or in default six months' R.I.). The convict filed an appeal against the said judgment and a reference for confirmation of the sentence of death was also made to the High Court. The learned High Court by its impugned judgment accepted the appeal and rejected the reference of confirmation. To establish its case the prosecution had relied upon a judicial confession made by the respondent before the City Magistrate (Mr. Muhammad Farooq Syed), Sargodha; an extra‑judicial confession before Mehar Muhammad (PW.14) and Muhammad Sharif (PW.15), the statement of the approver Muhammad Arif (PW.23) as also the recoveries. All these pieces of evidence were rejected by the learned Judges of the High Court, in our opinion, on somewhat dubious reasoning; for instance the judicial confession made before Muhammad Farooq Syed, City Magistrate, Sargodha has been discarded because the learned Magistrate who recorded the judicial confession stated, in his otherwise elaborate and straightforward statement, that the convict when he appeared before him "appeared to be harassed". Without giving any finding as to whether he had been tortured or maltreated or otherwise compelled to make a statement accepting the guilt, the judicial confession was brushed aside merely by the observation that the maker appeared to be harassed" when he was produced before the Magistrate. The case obviously needs further consideration. Leave granted. Non‑bailable warrants to issue against Nadeem Ahmad son of Muhammad Asghar, respondent No.
1. M.I./M‑177/S Leave granted.