Pakistan Case Law← Search
1990 SCMR 300

Dr. Capt. RIZWAN QADIR vs NAEEMULLAH HASHMI and another

Citation1990 SCMR 300
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Special Leave to Appeal No, 234 of 1987
Date1989-06-19
Judge(s)Ghulam Mujaddid Mirza, Muhammad Afzal Zullah, Syed Usman Ali Shah
ResultLeave granted

ORDER

1. ' USMAN ALI SHAH, J.--Leave to appeal has been sought by the petitioner against the order of the Lahore High Court, dated 23-6-1986, whereby criminal appeal of the respondent No,1 against his conviction under section 302, P.P.C. And sentence to life imprisonment with fine of Rs, 10,000 awarded to him by the Addl. Sessions Judge, Faisalabad for the murder of Abdul Qadir (deceased) was accepted and he was acquitted.

2. The High Court while acquitting the accused/respondent observed that there was nothing on the record to show that before the day of occurrence the complainant knew the accused by face. The contention that since the complainant did not state that the accused was not previously known to him, it should be presumed that he knew him by face, according to the High Court is devoid of force. As no such presumption arises under the circumstances of the present case that the accused/respondent was seen for the first time at the place of occurrence. It is contended by the learned counsel for the petitioner that the identification parade was not called for as the occurrence took place in the broad daylight in which the accused was fully identified by the son of the deceased. The contention raised by the learned counsel needs further examination of this Court. Leave to appeal is therefore, granted for the said purpose.

3. ' Let non-bailable warrants be issued against the respondent Naeem Ullah Hashmi. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

For educational and research use only β€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerΒ·PrivacyΒ·TermsΒ·Search