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Petitioner: AHMAD BAKHSH and others VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Dr. Javed Iqbal Title: AHMAD BAKHSH and others vs THE STATE Case No.: Criminal Petition No,79 of 1987 Date of Judgment:1989-06-14 Reported As: 1990 SCMR 662 Result: Leave granted
Judgment ORDER ' GHULAM MUJADDID, J.--Ahmad Bakhsh, Nazeer Ahmad and Muhammad Ali have filed this petition for leave to appeal against the judgment of the Lahore High Court, Bahawalpur Bench, dated 4-2- 1987 whereby their appeal against their conviction and sentence of imprisonment for life under section 302/34, P.P.C. Was dismissed. ' Learned counsel appearing in support of this petition submitted that Ahmad Bakhsh died somewhere in May, 1988. So this petition qua him stands abated. With regard to the remaining two, it was argued that the defence had taken the plea of self- defence which was neither considered nor properly appreciated by the learned Judge of the Lahore High Court who rejected the aforesaid plea summarily by observing, "The story of self- defence narrated by them does not ring true". ' Learned counsel contended that without giving specific cogent reasons, the defence version could not be rejected in such like manner. ' The contention needs examination. Leave is accordingly granted to consider the plea of self- defence.