1982 P Cr (PLP)
AKBAR AND OTHERS‑Petitioners Versus THE STATE — ‑Respondent
| Citation | 1982 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Saad Saood Jan, J |
| Parties | AKBAR AND OTHERS‑Petitioners Versus THE STATE — ‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑ |
Q1: What are the key laws and sections cited in 1982 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1982 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Saad Saood Jan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1982 P Cr (PLP) (AKBAR AND OTHERS‑Petitioners Versus THE STATE — ‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Afzal Wattoo for Petitioners.
- Date of hearing : 23rd September, 1981.
Headnotes / Summary
‑‑‑ S. 497 --‑ Bail ‑-- Petitioners, armed with sofas, coming to deceased and one of them striking a fatal blow on him‑Others receiving sofa blows at hands of petitioners‑Circumstances prima facie indicating attack on deceased premeditated one and petitioners a party although fatal blow on deceased coming from one of them‑Bail declined. Shamas Mahmood for the State. Tahir Qureshl for the Complainant.
Judgment & Decree
Muhammad Afzal Wattoo for Petitioners. Shamas Mahmood for the State. Tahir Qureshl for the Complainant. Date of hearing : 23rd September, 1981. The petitioners have been arrested in connection with a case registered under sections 147, 148 and 302 read with section 149 of the Pakistan Penal Code. The allegations against them are that on 16th May, 1981 at about degarwella they together with one Hakam formed themselves into an unlawful assembly with the common object of murdering Khan deceased and in prosecution of the common object of the said assembly they caused the death of Khan deceased and inflicted simple hurt upon Hassan and Abbas. The motive for the occurrence was stated to be the demand made by the deceased on Hakam for the return of a loan of Rs. 20.
2. The deceased was found to be bearing only one injury which was located on the head and had led to his death. It has been attributed to Hakam. The other members of the complainant party suffered only simple injuries. It appears from the story as given in the F. I. R. that all the petitioners together with Hakam had come armed with sofas to the scene of occur rence and as soon as they reached there one of them, namely, Hakam struck the deceased with a sofa. When Hassan protested he was give sota blows by Akbar and Rahman petitioners and when Abbas tried to cover the deceased by lying on him he was assaulted by Ilyas and n Muhammad petitioners. These circumstances do prima facie indicate that' it was a premeditated attack and that all the petitioners were a party to the attack on the deceased even though the fatal blow was inflicted by Hakam. The provisions of section 149 of the Pakistan Penal Code are, therefore, attracted to the case of the petitioners. As there are grounds to believe that the petitioners are guilty of an offence punishable with death their prayer for bail is rejected. Petition dismissed.