2002 P Cr (PLP)
IJAZ alias KHALID‑‑‑Appellant Versus THE STATE‑‑‑Respondent
| Citation | 2002 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Bashir A. Mujahid and Mrs. Nasira Iqbal, JJ |
| Parties | IJAZ alias KHALID‑‑‑Appellant Versus THE STATE‑‑‑Respondent |
Q1: What are the key laws and sections cited in 2002 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Bashir A. Mujahid and Mrs. Nasira Iqbal, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 P Cr (PLP) (IJAZ alias KHALID‑‑‑Appellant Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- S.D. Qureshi for Appellant (on State expenses).
- Date of hearing: 30th January, 2002.
Headnotes / Summary
(a) Penal Code (XLV of 1860)‑‑‑ ‑‑‑‑S. 302‑‑‑Appreciation of evidence‑‑‑Motive stood proved through admission of the accused himself‑‑‑Accused was nominated in promptly recorded F. I. R. ‑‑‑Incident was a daylight occurrence and the ocular account as furnished by the complainant and prosecution witness had fully been corroborated by the medical evidence‑‑Plea taken by the accused that the deceased had arrived in his house in order to commit Zina‑bil‑Jabr with his sister had not been supported by the evidence‑‑ Plea of sudden provocation taken by the accused had also not been substantiated at all‑‑‑Ocular account had been corroborated not only by medical evidence, but also by recovery of weapon of offence‑‑ Prosecution having established its case against the accused beyond any reasonable doubt, no reason existed to interfere in the conviction recorded and the sentence awarded to him‑‑‑Appeal against conviction and sentence filed by the accused was dismissed in circumstances. Khalid Javed v. Ansar Khan and another 1995 SCMR 1846 ref. (b) Penal Code (XLV of 1860)‑‑‑ ‑‑‑‑S. 302‑‑‑Burden of proof‑‑‑When an accused had admitted that he had killed another, the burden of proving that he had committed no offence under law or that his case was one of diminished liability, would shift to him and he had to show reasonable probability of his version being true‑‑‑Accused though not required to lead independent evidence, but he could rely upon circumstances appearing from evidence of prosecution. M. Sharif Cheema for the State.
Judgment & Decree
(a) Penal Code (XLV of 1860)‑‑‑ ‑‑‑‑S. 302‑‑‑Appreciation of evidence‑‑‑Motive stood proved through admission of the accused himself‑‑‑Accused was nominated in promptly recorded F. I. R. ‑‑‑Incident was a daylight occurrence and the ocular account as furnished by the complainant and prosecution witness had fully been corroborated by the medical evidence‑‑Plea taken by the accused that the deceased had arrived in his house in order to commit Zina‑bil‑Jabr with his sister had not been supported by the evidence‑‑ Plea of sudden provocation taken by the accused had also not been substantiated at all‑‑‑Ocular account had been corroborated not only by medical evidence, but also by recovery of weapon of offence‑‑ Prosecution having established its case against the accused beyond any reasonable doubt, no reason existed to interfere in the conviction recorded and the sentence awarded to him‑‑‑Appeal against conviction and sentence filed by the accused was dismissed in circumstances. Khalid Javed v. Ansar Khan and another 1995 SCMR 1846 ref. (b) Penal Code (XLV of 1860)‑‑‑ ‑‑‑‑S. 302‑‑‑Burden of proof‑‑‑When an accused had admitted that he had killed another, the burden of proving that he had committed no offence under law or that his case was one of diminished liability, would shift to him and he had to show reasonable probability of his version being true‑‑‑Accused though not required to lead independent evidence, but he could rely upon circumstances appearing from evidence of prosecution. S.D. Qureshi for Appellant (on State expenses). M. Sharif Cheema for the State. Date of hearing: 30th January, 2002.