1996 PLP 928 (SCMR)
MASHA KHAN‑‑‑Petitioner Versus CHAMNAI KHAN and another‑‑‑Respondents
| Citation | 1996 PLP 928 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sajjad Ali Shah, CJ., Zia Mahmood Mirza and |
| Parties | MASHA KHAN‑‑‑Petitioner Versus CHAMNAI KHAN and another‑‑‑Respondents |
| Primary Law | Penal Code (XLV of 1850)‑‑‑ |
Q1: What are the key laws and sections cited in 1996 PLP 928 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1850)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996 PLP 928 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sajjad Ali Shah, CJ., Zia Mahmood Mirza and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996 PLP 928 (SCMR) (MASHA KHAN‑‑‑Petitioner Versus CHAMNAI KHAN and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Bilal, Senior Advocate Supreme Court with Ejaz Muhammad Khan, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 21st December, 1994.
- M. Bilal, Senior Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record for Petitioner.
Headnotes / Summary
(On appeal from the judgment/order dated 22‑6‑1994 of the Peshawar High Court in Cr. R. No. 104 of 1992). ‑‑‑‑S. 302/34‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Appeal against acquittal‑‑‑Leave to appeal was granted to examine whether High Court had appraised the evidence in accordance with the. sound principles laid down for administration of criminal justice.
Judgment & Decree
SAJJAD ALI SHAH, CJ
Respondent Chamnai Khan was tried for offence under section 302/34, P.P.C. and was convicted and sentenced to life imprisonment with a fine of Rs.50,000 or in default R.I. for three years. He was directed to pay compensation of Rs.40,000 to the legal heirs of the deceased or in default to suffer R.I. for six months. Co-accused Qadir absconded. The Peshawar, High Court has allowed the appeal and set aside the conviction and sentence on the ground that the eye-witnesses are related to the deceased and that there was not enough corroborative evidence to make out a case for conviction, hence benefit of doubt was extended. .
2. It is submitted before us that both the parties are closely related and that it is admitted fact that there was dispute between them over the property. High Court has not given proper weight to the corroborative evidence of absconsion and has not considered the statement of Mir Alam Khan, who was murdered during trial proceedings, and whose -statement was recorded under section 512, Cr.P.C. in absconsion proceedings. Leave is granted to examine whether the High Court have appraised the evidence in accordance with the sound principles laid dawn for administration of criminal justice. Bailable warrants be issued in the sum of Rs.20,000 with the surety and P.R. in the like amount. N.H.Q./M-2189/S Leave granted.