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1978 SCMR 202

FAQIR MUHAMMAD vs AKBAR Etc.S

Citation1978 SCMR 202
CourtSupreme Court of Pakistan
Case No.Criminal Petition No. 226 of 1977 Cr. Misc. No. 1 of 1977 r. A. No. 702 of 1977
Date1978-02-20
Judge(s)Sheikh Anwarul Haq, Muhammad Haleem, Ghulam Safdar Shah
ResultPetition dismissed

ORDER

1. ANWARUL HAQ, C J.---This is a petition for leave to appeal against the order of the Lahore High Court dated the 24th August,1977, whereby the sentences of life imprisonment awarded to the respondents herein by the Additional Sessions Judge, Sahiwal, were suspended, subject to their furnish--ing bail in the sum of Rs. 20,000 with one surety each in the like amount to the satisfaction of the Assistant Commissioner, Sahiwal.

2. The main reason given by the High Court is that the plea of self-defence needed examination in view of the fairly large number of injuries sustained by the aide of the accused, which had not been explained by the prosecution.

3. Mr. S. A. Steed, the learned counsel for the petitioner, submits that the plea of self-defence stands negatived by the fact that bloodstained earth war recovered from the land of the deceased, thus clearly indicating that the accused were the aggressors. He contends that the trial Court had given good reasons for recording a conviction under section 302, P. P. C.

4. We do not think it proper to embark upon a detailed examination of the case at this stage. Suffice it to say that the learned Judge in the High Court does not appear to have exercised his discretion improperly in the facts and circumstances of the case.

5. The petition, accordingly, fails and is hereby dismissed. 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.

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