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Petitioner: ALI SHER VS Respondent: REHMA And Other
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain, Saad Saood Jan Title: ALI SHER vs REHMA And Other Case No.:Criminal Petition for Special Leave to Appeal No. 629 of 1980 l. A. No. 992 of
1978 Date of Judgment:1987-05-31 Reported As: 1987 SCMR 1499 Result: Leave refused Judgment ORDER ASLAM RIAZ HUSSAN, J.--A.I Sher petitioner seeks leave to appeal against the order of the High Court dated 10-11-1980 altering the conviction of the respondents of the charge under section 302 PPC and for the enhancement of sentence of Rehma respondent from 3 years' R.I. To at least imprisonment for life. 2. We have gone through the impugned order and heard the learned counsel for the petitioner. We feel that Mannu (respondent No.2) was rightly acquitted as the prosecution had failed to prove the case against him beyond reasonable doubt. 3. As for Rehma respondent he has not been convicted on the evidence produced by the prosecution but on his own statement under section 342, Cr.P.C. Wherein he gave a different version of the incident, saying that he had killed Bashir (deceased) under grave and sudden provocation. It is well established that when conviction la has to be based on the statement of the accused himself that statement roust be believed in its entirety. 4. In view of the facts given by Rehma respondent in his statement we feel that the High Court was justified in reducing his sentence to 3 years' R.I. We do not, therefore, consider it a fit case for grant of leave, which is consequently refused.
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