1987 PLP 1499 (SCMR)
ALI SHER‑‑Petitioner Versus REHMA and others‑‑Respondents
| Citation | 1987 PLP 1499 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain, Javid Iqbal and Saad Saood Jan, JJ |
| Parties | ALI SHER‑‑Petitioner Versus REHMA and others‑‑Respondents |
Q1: What are the key laws and sections cited in 1987 PLP 1499 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 1499 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain, 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 1499 (SCMR) (ALI SHER‑‑Petitioner Versus REHMA and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Sanaullah Bajwa, Advocate Supreme Court and Mahmood A Qureshi, Advocate‑on‑Record for Petitioner.
- Date of hearing: 31st May, 1987.
- S.D. Qureshi, Advocate Supreme Court, Advocate‑on‑Record (absent) for the State.
Headnotes / Summary
(Against the order of the Lahore High Court, Lahore, dated 10‑11‑1980 passed in Crl. A. No. 992 of 1978). (a) Penal Code (XLV of 1860)‑‑ ‑‑‑S. 302‑.‑Constitution of Pakistan (1973), Art 185(3)‑‑Criminal Procedure Code (V of 1898), S. 342‑‑Leave to appeal against order of High Court altering conviction of co‑accused and for enhancement of sentence‑‑Prosecution having failed to prove charge against him, co‑accused found to have been rightly acquitted‑‑Accused not convicted on evidence produced by prosecution but on his own statement under S. 342, Cr.P.C. wherein he gave different version of incident and stated that he had killed deceased under grave and sudden provocation‑‑High Court found to be justified in reducing accused's sentence to 3 years' R.I.‑‑Case being not a fit one for grant o1 leave to appeal, leave was refused. (b) Penal Code (XLV of 1860)‑‑ ‑‑‑S. 302‑‑‑Criminal Procedure Code (V of 1898), S. 342‑‑Convictior of accused when to be based on the statement of accused himself, such statement must be believed in its entirety. S.D. Qureshi, Advocate Supreme Court, Advocate‑on‑Record (absent) for the State. Nemo for the Remaining Respondents.
Judgment & Decree
ASLAM RIAZ HUSSAN, J.‑‑Ali Sher petitioner seeks leave to appeal against the order of the High Court dated 10‑11‑1980 altering the conviction of the respondents of the charge under section 302 PPC and for the enhancement of sentence of Rehma respondent from 3 years' R.I. to at least imprisonment for life.
2. We have gone through the impugned order and heard the learned counsel for the petitioner. We feel that Mannu (respondent No.2) was rightly acquitted as the prosecution had failed to prove the case against him beyond reasonable doubt.
3. As for Rehma respondent he has not been convicted on the evidence produced by the prosecution but on his own statement under section 342, Cr.P.C. wherein he gave a different version of the incident, saying that he had killed Bashir (deceased) under grave and sudden provocation. It is well established that when conviction la has to be based on the statement of the accused himself that statement roust be believed in its entirety.
4. In view of the facts given by Rehma respondent in his statement we feel that the High Court was justified in reducing his sentence to 3 years' R.I. We do not, therefore, consider it a fit case for grant of leave, which is consequently refused. S.Q./A‑63/S Leave refused.