1990 PLP 1307 (SCMR)
MIR AFZAL ‑‑‑ Petitioner Versus NIAMAT KHAN and others‑‑‑Respondents
| Citation | 1990 PLP 1307 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Shafiur Rahman, Ali Hussain Qazilbash |
| Parties | MIR AFZAL ‑‑‑ Petitioner Versus NIAMAT KHAN and others‑‑‑Respondents |
| Primary Law | Penal Code (XLV of 1860)‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 1307 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 1307 (SCMR)?
The case was heard and decided by the High Court bench comprising: Shafiur Rahman, Ali Hussain Qazilbash.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 1307 (SCMR) (MIR AFZAL ‑‑‑ Petitioner Versus NIAMAT KHAN and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sahibzada Ahmad Raza Khan Qasuri, Advocate Supreme Court with Ch.Akhtar Ali, Advocate‑on‑Record for Petitioner.
- Sardar M. Ishaq Khan, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate‑on‑Record for Respondents Nos. 1 and 2.
- Date of hearing: 13th June, 1989.
- M. Nawaz Abbasi, Asstt. A.‑G. Punjab and Rao M. Yousaf Khan, Advocate‑on‑Record for the State.
Headnotes / Summary
(From the judgment of the Lahore High Court, Rawalpindi Bench. Dated 27‑2‑1989, passed in Criminal Appeal No. 1 of 1987). ‑‑‑‑S.302/34‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Acquittal by High Court‑‑‑Re‑appraisal of evidence on the question of fact was sought‑‑‑Supreme Court, after having considered the submissions in the light of evidence on record and the observations of High Court, did not find case fit for undertaking said exercise‑‑‑Petition for leave to appeal was consequently dismissed. M. Nawaz Abbasi, Asstt. A.‑G. Punjab and Rao M. Yousaf Khan, Advocate‑on‑Record for the State.
Judgment & Decree
ALI HUSSAIN QAZILBASH, J.‑‑‑In this petition for leave to appeal.;; the order of a learned Division Bench of the Lahore High Court, Rawalpindi Bench, dated 27‑2‑1989, is impugned.
2. The respondents, namely, Niamat Khan and Abdullah Khan, alongwith Usman Gul and Mian Din, were tried by the Sessions Judge, Attock, under section 302/34, P.P.C. for the murder of Haleem Gul on 26‑12‑1985 at 4‑45 p.m. in the area of village Kani, Police Station Makhad. After the conclusion of the trial, Usman Gul and Mian Din were acquitted, as per judgment dated 17‑12‑1986, and Niamat Khan and Abdullah Khan were convicted under section 302/34, P.P.C. and sentenced to death and a fine of Rs. 5,000 each or in default to two years' R.I. The above order was questioned by the two respondents and a revision petition was also filed by the complainant against the acquittal of Usman Gul and Mian Din. Reference was also made under section 374 Cr.P.C. for the confirmation of the death sentence. All the three matters were taken up together by the High Court, and vide the impugned judgment the appeal of the respondents was allowed and they were acquitted. The revision petition filed by the complainant was dismissed.
3. We have heard the learned counsel for the parties and have gone through the impugned judgment. All that the learned counsel for the petitioners seeks is re‑appraisal of evidence on the question of fact. Having considered his submissions in the light of the evidence on record and the observations of the learned Judges, we do not consider this case to be a fit one for undertaking that exercise.
4. The petition is thus dismissed. N.H.Q./M‑992/S Petition dismissed.