2008 P Cr (PLP)
ASGHAR ALI — Petitioner Versus ABDUL RASHID and 2 others — Respondents
| Citation | 2008 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | ASGHAR ALI — Petitioner Versus ABDUL RASHID and 2 others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 P Cr (PLP)?
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: 2008 P Cr (PLP) (ASGHAR ALI — Petitioner Versus ABDUL RASHID and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----S. 417(2)---Penal Code (XLV of 1860), S.302/34---Petition for special leave to appeal against acquittal---Counsel for petitioner/complainant had alleged that respondents/accused had been acquitted merely on the opinion of a D.S.P.---One respondent was attributed Lalkara and was also alleged to have taken deceased into his Japha ---In view of role of said respondent, petition to his extent was dismissed---Injury ascribed to the other respondent on deceased being found on his body, petition was converted into appeal and notice was directed to be issued to him.
- Dr. Ehsan-ul-Haque Khan for Petitioner.
Headnotes / Summary
S. 417(2)
Penal Code (XLV of 1860), S.302/34
Petition for special leave to appeal against acquittal
Counsel for petitioner/complainant had alleged that respondents/accused had been acquitted merely on the opinion of a D.S.P.
One respondent was attributed Lalkara and was also alleged to have taken deceased into his Japha
In view of role of said respondent, petition to his extent was dismissed
Injury ascribed to the other respondent on deceased being found on his body, petition was converted into appeal and notice was directed to be issued to him.
Judgment & Decree
Learned counsel submits that according to the case of prosecution Muhammad Sadiq alias Kali respondent No.2 was armed with dagger and caused an injury with it on the person of the deceased which proved fatal. Further submits that Allah Ditta convict who was armed with a Sota caused an injury with it on the person of the deceased but there is no injury with Sota. According to the learned counsel the respondents have been acquitted merely on the opinion of a D.S.P.
2. So far Abdul Rashid respondent No.1 is concerned he was attributed Lalkara and was also alleged to have taken the deceased into his Japha.
3. Taking into consideration the role of Abdul Rashid respondent as also that of Muhammad Sadiq respondent, this petition to the extent of Abdul Rashid is dismissed. So far as Muhammad Sadiq alias Kali is concerned the injury ascribed to him on the person of the deceased exists so we convert this petition into appeal. Notice be issued to Muhammad Sadiq alias Kali to show cause as to why he may not be convicted and sentenced under section 302(b), P.P.C. if the case is proved against him. Mr. Mazhar Sher Awan, Additional Prosecutor-General is present in the Court. He is asked to direct D.P.O. Kasur to appoint an efficient Police Officer for the service of Muhammad Sadiq alias Kali, respondent No.2. Bailable warrants of arrest in the sum of Rs.50,000 with one surety returnable to Senior Civil Judge, Kasur shall also issue against him. To come up on 29-10-2007. H.B.T./A-210/L Order accordingly.