2008 PLP 176 (SCMR)
MUHAMMAD ALI alias MAMMO — Petitioner Versus THE STATE — Respondent
| Citation | 2008 PLP 176 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Rana Bhagwandas, Actg. C.J. and Sardar Muhammad Raza Khan, J |
| Parties | MUHAMMAD ALI alias MAMMO — Petitioner Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2008 PLP 176 (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 176 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Rana Bhagwandas, Actg. C.J. and Sardar Muhammad Raza Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 176 (SCMR) (MUHAMMAD ALI alias MAMMO — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Zaman Bhatti, Advocate Supreme Court for Petitioner.
Headnotes / Summary
(On appeal from the judgment, dated 19-4-2006 of the Lahore High Court, Lahore, passed in Criminal Appeal No.1143 of 1999 and Murder Reference No.443 of 1999).
Ss. 302(b)/149
Constitution of Pakistan (1973), Art.185(3)
Each of the five assailants, including the accused, had been attributed distinct and specific role of causing different injuries on the person of the deceased
Remaining four accused had been acquitted on. the basis of same evidence while the accused alone had been convicted
Evidence in this behalf needed to be reappraised, lest the same might have fallen short of principles laid down for the appreciation of evidence in criminal justice
Leave to appeal was accordingly granted to accused, inter alias to reappraise the evidence on record. Chaudhry Munir Sadiq, Deputy Prosecutor-General, Punjab for the State.
Judgment & Decree
SARDAR MUHAMMAD RAZA KHAN, J.
Muhammad Ali son of Allah Yar through this jail petition seeks leave to appeal from the judgment dated 19-4-2006, whereby, his conviction under sections 302(b)/149, P.P.C. and sentence of death stood confirmed.
2. It refers to F.I.R. No.338 dated 17-9-1997 of Police Station Saddar Renala Khurd District Okara, lodged by one Amjad Ali whose father Ghazi Khan got murdered during the transaction. To be very brief, the complainant party on the relevant day was going to city in a Toyota Hiace Pick-up No.BHA-314 when at 9-15 a.m. it was stopped by Muhammad Nawaz who, along with his companions Noor, Riaz, Akram and Muhammad Ali (the present petitioner), forcibly pulled Ghazi Khan down from the vehicle and killed him.
3. Each of the five assailants have been attributed distinct and specific role of causing different injuries on the person of the deceased. Included therein and placed in sequential narration, is the role attributed to the petitioner Muhammad Ali alias Mammo. In the given circumstances, it needs to be thoroughly scrutinized as to how the remaining four accused on the basis of same evidence got acquitted while the only one to be convicted was the petitioner. The evidence in this behalf needs to be reappraised, lest it might have fallen short of principles laid down for the appreciation of evidence in criminal justice. Leave to appeal is accordingly granted, inter alia, to reappraise the evidence on record. N.H.Q./M-93/SC Leave granted.