2011 SCMR 1428 (PLP)
JUMMA — Petitioner Versus THE STATE — Respondent
| Citation | 2011 SCMR 1428 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Moosa Khan Leghari and Sheikh Hakim Ali, JJ |
| Parties | JUMMA — Petitioner Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2011 SCMR 1428 (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 SCMR 1428 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Moosa Khan Leghari and Sheikh Hakim Ali, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 SCMR 1428 (PLP) (JUMMA — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zaman Bhatti, Advocate Supreme Court for Petitioner.
- Date of hearing: 3rd April, 2009.
- 3. After hearing the learned Advocate Supreme Court for the petitioner and learned DPG, we are of the view that the evidence' requires to be reappraised. In the circumstances, leave is granted.
Headnotes / Summary
(On appeal from the judgment dated 2-7-2008 passed by the Lahore High Court, Bahawalpur Bench, Bahawalpur in Criminal Appeal No.106-J of 2003 and Murder Reference No. 19 of 2003).
S. 302
Constitution of Pakistan, Art. 185(3)
Death sentence was awarded to accused/petitioner on statement of complainant who was stated to be the single eye-witness
Evidence of such witness, however, was not of unimpeachable character
Said witness did not appear to be credible and trustworthy
Conflict existed between the ocular evidence and the medical evidence
Evidence in the case required to be reappraisal
Leave to appeal was granted. Siddiqui Khan Baloch, D.P.-G. for the State.
Judgment & Decree
This jail petition for leave to appeal arises out from the judgment dated 2-7-2008, passed by the Lahore High Court, Bahawalpur Bench, Bahawalpur, whereby sentence of death awarded to the petitioner by learned Sessions Jude, Rahimyar Khan for causing the murder of Mst. Ganwar Mai and injuries to informant, namely, Muhammad Afzal, was confirmed and the Murder Reference was replied in affirmative.
2. Learned counsel contends that death sentence was awarded on the statement of single eye-witness viz. the complainant Muhammad Afzal, whose evidence is not of unimpeachable character. The said witness does not appear to be credible and trusted to be true. There is a conflict between the ocular evidence and the medical evidence.
3. After hearing the learned Advocate Supreme Court for the petitioner and learned DPG, we are of the view that the evidence' requires to be reappraised. In the circumstances, leave is granted. H.B.T./J-2/SC Leave granted.