2008 PLP 69 (SCMR)
NOOR MUHAMMAD and another — Petitioners Versus THE STATE — Respondent
| Citation | 2008 PLP 69 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Tassaduq Hussain Jillani and Syed Jamshed Ali, JJ |
| Parties | NOOR MUHAMMAD and another — Petitioners Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2008 PLP 69 (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 69 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Tassaduq Hussain Jillani and Syed Jamshed Ali, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 69 (SCMR) (NOOR MUHAMMAD and another — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M.A. Zafar, Advocate Supreme Court for Petitioners.
Headnotes / Summary
(Against the judgment, dated 29-5-2006 passed by Lahore High Court, Lahore, in Criminal Appeal No.308 of 2001).
S. 302(b)/34
Constitution of Pakistan (1973), Art.185(3)
Leave to appeal was granted to accused, inter alia, on the grounds that having disbelieved the prosecution evidence qua three co-accused who stood acquitted, could the conviction of the accused be maintained on the same set of evidence, and that was the case of accused not free from doubt as they were neither connected with the motive part of the prosecution story nor any empty recovered from the spot was found to be wedded with the fire-arms recovered from them. Pervaiz Alamgir, Deputy Prosecutor-General Punjab for the State.
Judgment & Decree
The petitioners-convicts were tried along with three others for the murder of Muhammad Nawaz; while acquitting Nazar Muhammad and Rab Nawaz, the trial Court convicted the remaining three. The appeal of the co-convict Ahmad Hayat was allowed. He too was acquitted whereas conviction and death sentence of petitioner Noor Muhammad was affirmed and the appeal of Haq Nawaz petitioner dismissed. The facts briefly stated are that as per prosecution story, on the fateful day at about 11-00 a.m., Haq Nawaz petitioner armed with .12 bore gun, Ahmad Hayat acquitted co-accused, armed with .30 bore pistol attacked the complainant party who were made to get down from the car. Haq' Nawaz accused fired which hit the wind screen of the car whereas the fire of Noor Muhammad hit Muhammad Nawaz on left side of his head. Ahmad Hayat fired which too hit Muhammad Nawaz on the left side of his chest. The motive alleged was that Ahmad Nawaz, father of Ahmad Hayat, had been murdered in which Muhammad Nawaz deceased, father of the complainant, was named as accused but he was acquitted.
2. The learned counsel for the petitioners seeks leave on the ground that Muhammad Nawaz deceased had only one pistol injury which proved that Haq Nawaz petitioner is not attributed any injury on .the person of the deceased or a P.W., that the pistol empty recovered from the spot did not match with the pistol recovered from petitioner Noor Muhammad and that both the petitioners are not connected with the motive part of the prosecution story.
3. The learned Deputy Prosecutor-General has defended the impugned judgment. He admitted that pistol empty recovered from the spot did not match with the pistol, that the gun empties recovered also did not match with the gun recovered from Haq Nawaz petitioner and that none of the petitioners are directly connected with the motive part of the prosecution story.
4. Having heard learned counsel for the petitioners, we are inclined to grant leave inter alia on the following grounds:-- (i) Having disbelieved the prosecution evidence qua three co-accused who stand acquitted, could the conviction of the petitioners be maintained on the same set of evidence. (ii) Is the case of the petitioners not free from doubt as they are neither connected with the motive part of the prosecution nor any empty recovered from the spot was found to be wedded with fire-arms recovered from them? N.H.Q./N-1/SC Leave granted.