1987 PLP 1915 (SCMR)
MUHAMMAD KHAN — Petitioner Versus MUZAFFAR KHAN and 5 others — Respondents
| Citation | 1987 PLP 1915 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Shafiur Rahman, Javid Iqbal and Saad Saood Jan, JJ |
| Parties | MUHAMMAD KHAN — Petitioner Versus MUZAFFAR KHAN and 5 others — Respondents |
| Primary Law | (a) Penal Code (XLV of 1860), (b) Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 1987 PLP 1915 (SCMR)?
This judgment primarily cites: (a) Penal Code (XLV of 1860), (b) Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 1915 (SCMR)?
The case was heard and decided by the High Court bench comprising: Shafiur Rahman, 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 1915 (SCMR) (MUHAMMAD KHAN — Petitioner Versus MUZAFFAR KHAN and 5 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ijaz Ali Sheikh, Advocate-on-Record for Petitioner. (in Crl. P.S.L.A. No. 16 of 1983).
- Maj. Wahidud Din Wirk, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Respondents. (in Crl. P.S.L.A. No. 16 of 1983).
- Maj. Wahidud Din Wirk, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners (in Criminal Petition for Special Leave to Appeal No. 22 of 1983).
- Nemo for Respondent (in Criminal Petition for Special Leave to Appeal No. 22 of 1983).
- Date of hearing: 27th July, 1987.
- M. Rafiq Butt, Advocate Supreme Court and Ejaz Ahmad Khan, Advocate-on-Record for the State.
Headnotes / Summary
(From the judgment and order, dated 6-6-1982 of High Court passed in Cr. A. 478 of 1980 (M.R. No. 103 of 1980) and Cr. R. No. 37 of 1981).
S. 302/34--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal granted to examine (i) whether the evidence resulting in acquittal of three accused by Trial Court could, without any other incriminating factor, be taken to be sufficient for convicting two others, (ii) whether corroborative evidence of recovery of empties and their matching with recovered weapons had been rejected on unsupportable grounds, and (iii) whether it was not a case of common intention of two convicts.
S. 302/34--Constitution of Pakistan (1973), Art. 185(3)- Acquittal--Witnesses interested and no other corroborative evidence forthcoming--Leave to appeal against acquittal refused. M. Rafiq Butt, Advocate Supreme Court and Ejaz Ahmad Khan, Advocate-on-Record for the State.
Judgment & Decree
SHAFIUR RAHMAN, J.-- Subject to what is stated in para. 2 leave to appeal is granted in both the petitions to examine the following questions: - (i) Whether the evidence which resulted in the acquittal of three accused by the trial Court could, without any other incriminating factor, be taken to be sufficient for convicting two others? (ii) Whether the corroborative evidence of the recovery of the empties, and their matching with the recovered weapons has been not 'rejected on unsupportable grounds? (iii) Whether it was not a case of common intention of the two convicts?
2. Leave to appeal is refused against the acquittal of Yakoob, Khalas and Sattar respondents in Criminal Petition No.16 of 1983 for the witnesses being interested -no other corroborative evidence was forthcoming.
3. Hidayat shall not to be released from prison pending the hearing of these appeals. S.Q./M-179/S Order accordingly