1994 PLP 847 (MLD)
MUHAMMAD SHAN — Petitioner Versus THE STATE and others — Respondents
| Citation | 1994 PLP 847 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD SHAN — Petitioner Versus THE STATE and others — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 1994 PLP 847 (MLD)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 847 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 847 (MLD) (MUHAMMAD SHAN — Petitioner Versus THE STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Talat Farooq Sheikh for Petitioner.
- Nemo for Respondents.
Headnotes / Summary
S.302
Criminal Procedure Code (V of 1898), S.439
Ocular account was not in consonance with medical evidence-- Judgment of acquittal was neither perverse, nor any other view except acquittal of accused could be drawn from the material on record
Revision petition against acquittal of accused by Trial Court was dismissed in circumstances.
Judgment & Decree
This revision assails the acquittal of respondent Abdul Ghaffar from a charge under section 302 of Qisas and Diyat Ordinance made vide judgment dated the 17th of March, 1992 by Sardar Ghulam Farid, Sessions Judge, Kasur.
2. A case F.I.R. No.347 of 1991 was registered at Police Station Khuddian, District Kasur on 22-7-1991 on the complaint of Muhammad Shafi ,,P.W.8) under section 302, P.P.C. against the respondent/accused. The occurrence was alleged to have taken place in the house of Mst. Munawar Bibi deceased situated in village Sanda Kalan, Tehsil and District Kasur at a distance of 6 kilometres from Police Station Khuddian. The matter was reported to the police at 7-15 a.m. by the complainant, father-in-law of the deceased-lady. Respondent Abdul Ghaffar was alleged to have fired with his double barrel gun .12 bore from the roof of the kitchen at the deceased Mst. Munawar Bibi, which had hit on the right side of her back. Meanwhile the P.Ws. reached and the respondent escaped.
3. The respondent was challaned and sent up for trial. A charge under section 302 of Qisas and Diyat Ordinance was framed, to which he denied and claimed trial.
4. The prosecution examined 10 P.Ws. in all to substantiate its case. P.W.8 Muhammad Shafi complainant and P.W.9 Mst. Siddiqan Bibi stated the ocular account, whereas P.W.6 Dr. Mumtaz Ahmad, conducted autopsy on the, dead body of the deceased and had found 3 injuries on her person. No recovery of empty was made by the Investigating Officer from the spot i.e. the house of the deceased. P.W.8 and P.W.9 specifically stated in their statements before the Court and P.W.8 as well as in the F.I.R. Exh.PC/1 that the deceased had received fire-arm shot at her back, whereas P.W.6 Dr. Mumtaz Ahmad, who conducted autopsy had found no wound of entry on the back. The ocular account is not in consonance with the medical evidence furnished on record. There is no other corroborative evidence. Nothing has been brought on record that the judgment rendered by the trial Court was perverse or any other view except acquittal could be drawn. In the circumstances, this petition is dismissed. N.H.Q./M-1374/L Petition dismissed.