1996SCMR1142 (PLP)
LIAQUAT ALI and another‑‑‑Petitioners Versus THE STATE‑‑‑Respondent
| Citation | 1996SCMR1142 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Nasim Hasan Shah, CJ., Abdul Qadeer Chaudhry and |
| Parties | LIAQUAT ALI and another‑‑‑Petitioners Versus THE STATE‑‑‑Respondent |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 1996SCMR1142 (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996SCMR1142 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Nasim Hasan Shah, CJ., Abdul Qadeer Chaudhry and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996SCMR1142 (PLP) (LIAQUAT ALI and another‑‑‑Petitioners Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Afrasiab Khan, Advocate Supreme Court for Petitioners.
- Date of hearing: 29th March, 1994.
Headnotes / Summary
(On appeal from the judgment dated 3‑6‑1992 of Lahore High Court passed in Cr. Appeal No. 796 of 1988). ‑‑‑‑Ss. 302/34 & 307/34‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑High Court had neither adverted to the defence plea nor considered the effect of the evidence of the injured witness who did not support the prosecution case‑‑‑Leave to appeal was granted for reappraisal of evidence keeping in view the principles of safe administration of justice in criminal cases. Nemo for the State.
Judgment & Decree
SAIDUZZAMAN SIDDIQUI J.
The petitioners who were tried for committing murder of Mst. Razia Bibi and causing murderous assault on Mst. Anwar Bibi have filed above jail petition seeking leave to appeal against the judgment of Lahore High Court dated 3-6-1992 whereby the learned Judges confirmed the conviction and sentences of both the petitioners awarded by the trial Court. The learned counsel for the petitioner in seeking leave to appeal contended before us that the learned Judges of the High Court while confirming conviction and sentences awarded by the trial Court failed to advert to the evidence of the only injured witness in this case namely Mst. Anwar Bibi who did not support the case of prosecution. The entire prosecution case was considered by the learned Judges of Divisional Bench in paragraph 10 of the judgment as follows:-- "Admittedly, there is no background of enmity between the eye witnesses and the appellants, mere relationship of the eye-witnesses with the deceased per se is no ground to discard their truthful and confidence-inspiring evidence, especially when the ocular version gets ample support from the medical evidence, which further stands fortified by the recovery of blood-stained Chhuri and knife at the instance of Liaquat Ali and Naseer appellants. We approve the findings of the learned trial Judge that the improvements referred above do not impair the quality of the evidence given by these two eye-witnesses, as the improvements are of insignificant nature and occurred due to the lapse of time. The learned Judge rightly observed that the evidence of Mst. Anwar Bibi, impliedly supports the prosecution case, so we dismiss these appeals on merits." The learned Judges of the High Court in their above discussion neither adverted to the defence plea nor considered the effect of the evidence of injured witness Mst. Anwar Bibi, in the case, who did not support the case of prosecution. We accordingly, grant leave to appeal for reappraisal of the evidence in the case keeping in view the principles of safe administration of the justice in criminal cases. N.I;I.Q./L-84/S Leave granted