1996SCMR478 (PLP)
and another‑‑‑Petitioners Versus SHAH JEHAN and another‑‑‑Respondents
| Citation | 1996SCMR478 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saiduzzaman Siddiqui, Fazal Ilahi Khan and |
| Parties | and another‑‑‑Petitioners Versus SHAH JEHAN and another‑‑‑Respondents |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 1996SCMR478 (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996SCMR478 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saiduzzaman Siddiqui, Fazal Ilahi Khan and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996SCMR478 (PLP) (and another‑‑‑Petitioners Versus SHAH JEHAN and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Qazi Muhammad Anwar, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 6th July, 1994.
- STATE through Advocate‑General, N.‑W.F.P.
Headnotes / Summary
(On appeal from the judgment dated 16‑10‑1993 of the Peshawar High Court, Branch Registry, D.I. Khan in Cr. Appeal No. 7 of 1993). ‑‑‑‑S. 302‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Appeal against acquittal‑‑‑ Leave to appeal was granted to consider whether in absence of any doubt about the misidentity of the accused and in view of the ocular evidence supported by medical evidence, motive, retracted confession of accused and other circumstantial evidence, High Court was legally justified in extending the benefit of doubt to the accused.
Judgment & Decree
FAZAL ILAHI KHAN, J.‑‑‑Shah Jehan son of Allah Bakhsh resident of village Arah Tehsil and District D.I. Khan was tried by learned Sessions Judge, D.I. Khan for the murder of his wife Mst. Harifa, in case F.I.R. No.251 dated 7‑10‑1991 of Police Station Saddar, D.I. Khan and on conviction sentenced to death vide judgment dated 8‑5‑1993, subject to confirmation, under section 302, P.P.C. The convict's Appeal No.7 of 1993 and the murder reference came for hearing before Peshawar High Court Circuit Bench, D.I. Khan and the learned High Court vide judgment dated 16‑10‑1993 accepted the appeal, set aside the conviction and acquitted the accused‑respondent of the charge.
2. Leave to appeal is prayed for inter alia on the grounds that it was a case of sole accused charged for the murder of his wife inside the house and that the occurrence was witnessed by the complainant, father of the deceased, and the real mother of the accused‑respondent, who was also injured, as is evident from the medical certificate available on the file. That in absence of any doubt about the misidentity of the accused‑respondent and in view of the ocular evidence supported by the medical evidence furnished by the doctor, the motive, the retracted confession and other circumstantial evidence whether the High Court was legally justified in extending the benefit of doubt to the accused. Leave is granted to consider the above submissions. Bailable warrant in the sum of Rs.20,000 (Twenty thousand) with two sureties, returnable to the District Magistrate, D.I. Khan be issued against the accused‑respondent. . N.H.Q./S‑906/S Leave granted.