1988 PLP 120 (SCMR)
AZIZUR REHMAN — Petitioner Versus THE STATE — Respondent
| Citation | 1988 PLP 120 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain and Javid Iqbal, JJ |
| Parties | AZIZUR REHMAN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 1988 PLP 120 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 120 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain and Javid Iqbal, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 120 (SCMR) (AZIZUR REHMAN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Abdul Wahid, Senior Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner.
- Date of hearing: 26th October, 1987.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 23rd November, 1985 in Criminal Appeal No. 1047 of 1980).
S. 302--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal, grant of--Appreciation of evidence--Petitioner's conviction on charge of murdering his father, challenged--Conviction being based on dying statement of petitioner's father, coupled with ocular testimony corroborated by recovery evidence and further supported by motive and medical evidence, pleas of false implication and ocular testimony being unreliable, not entertained--Leave to appeal refused. Nemo for the State.
Judgment & Decree
JAVID IQBAL, J.-- This petition for leave has been filed by Azizur Rehman petitioner who was convicted under section 302, PPC and sentenced to imprisonment for life plus fine by the trial Court. On appeal the conviction and sentence were maintained and the appeal of the petitioner was dismissed. The name of the deceased in this case is Farzand Ali who is father of the petitioner. The occurrence took place in the house of the deceased at 2 p.m. on 8th May, 1978 within the area of Police Station Rajana, District Faisalabad. The FIR was based on the statement of Farzand Ali deceased himself while he was still alive at 12-05 a.m. on 9th May, 1978 which was recorded at the hospital. The petitioner was arrested on 30th June 1978 and at his instance was recovered human blood-stained knife. The eye-witness produced in this case is Mohammad Ibrahim. The statement of the deceased was treated as dying declaration. The motive for the commission of crime was that the deceased had divorced the mother of the petitioner. Thereafter, the petitioner was living in a separate Ihata with his mother and sister. The deceased, his father had told the petitioner not to visit his house as he was a bad character. On the fateful day he came to the house of his father (Farzand Ali deceased) and insisted on him to turn out Mohammad Shafi who lived with the deceased. But the deceased refused to do so and at this the petitioner is said to have attacked his father with a knife and killed him. Learned counsel for the petitioner attempted to argue that the petitioner has been falsely implicated and that the eye-witness should have not been relied upon, and furthermore the recovery was effected after a long time and it had no corroborative value. But the perusal of the record indicates that the conviction and the sentence awarded to the petitioner are based on the dying statement of the father coupled with the ocular testimony corroborated by the recovery evidence and further supported by the motive and medical evidence. In our view no case is made out for the grant of leave in this case. The petition is therefore dismissed. M.I./A-119/S Petition dismissed.