1988 PLP 570 (SCMR)
ABDUL MAJID — Petitioner Versus NAWAB DIN and another — Respondents
| Citation | 1988 PLP 570 (SCMR) |
| Forum / Court | High Court |
| Bench Members | AsIam Riaz Hussain, Actg C. J., |
| Parties | ABDUL MAJID — Petitioner Versus NAWAB DIN and another — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 1988 PLP 570 (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 570 (SCMR)?
The case was heard and decided by the High Court bench comprising: AsIam Riaz Hussain, Actg C. J.,.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 570 (SCMR) (ABDUL MAJID — Petitioner Versus NAWAB DIN and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khakan Babar, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
Headnotes / Summary
(On appeal from the Order dated 3-10-1984 of the Lahore High Court, Lahore, passed in Criminal Revision No.309 of 1984).
Ss.302, 304, Parts I & II--Constitution of Pakistan (1973), Art. 185 (3)--Leave to appeal, grant of--Where re-examination of evidence might change conviction from S.304, Part II to Part I, P.P.C. without affecting quantum of sentence, it was futile to grant leave--Accused respondent closely related to deceased--No previous enmity--Accused inflicting solitary Chhuri injury--Trial Court's finding that accused had no intention to cause death of deceased but had the knowledge that injury was likely to c: use his death and convicting him under S.304, Part II, P.P.C. instead of S.302, P.P.C., challenged--Though technically it was possible to grant leave but on merits of case appeal would not ultimately succeed in substance- Re-examination of evidence might result only in change of provision from S.304, Part II to S.304, Part I, P.P.C. with award of same sentence as was upheld by High Court--Not being a fit case for grant of leave, petition dismissed. Date ,of hearing: 21st February, 1988.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from Order dated 3-10-1984 of the Lahore High Court; whereby petitioner's Criminal Revision against Nawab Din respondent, calling in question the Judgment of the learned Sessions Judge in a case of murder, was dismissed. Instead of convicting the said respondent under section 302, P.P.C., he convicted him only under section 304, Part II, P.P. C.
2. The learned trial Judge, after consideration of the evidence, came to the following conclusion:- "It is in evidence that there was no previous enmity between the parties. The deceased and the accused are brother-in-law inter se. The accused was feeling sore against the deceased due to dispute over the marriage of his daughter Mst.Sabiha. It appears that on seeing the deceased in front of his house he felt annoyed and provoked and gave him a solitary injury with chhuri. He did not repeat the blow though there was nothing to restrain him from doing so. It means that he had no intention to cause the death of the deceased but had the knowledge that the injury was likely to cause his death." 3, After hearing the learned counsel we agree with him that technically it is possible to grant leave to appeal which might result in correction of some technical errors committed by the learned trial Court. But, after examining the merits of the case, we feel that the appeal would not ultimately succeed in so far as the substance of the case is concerned. The re-examination of the evidence might result only in the change of provision from section 304, Part II to section 304 Part I , P .P. C . with the award of same sentence and the grant 304, Part II of some benefit under section 382-B to the accused/ respondent; as has been upheld by the High Court. This, therefore, is not a fit case for grant of leave to appeal: which is accordingly refused. M.I.IA-1671S Petition dismissed.