Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUHAMMA.D RIAZ VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Ajmal Mian, Wali Muhammad Khan Title: MUHAMMA.D RIAZ vs THE STATE Case No.: Criminal Petition No, 481/L of 1993 Date of Judgment:1994-05-10 Reported As: 1995 SCMR 912 Result: Leave granted
Judgment ORDER ' WALT MUHAMMAD KHAN, J.---Muhammad Riaz, petitioner herein, assails the judgment dated 26- 7-1993 passed by a learned Division Bench of the Lahore High Court, whereby his Criminal Appeal No, 128/91 filed by him against the order of the Additional Sessions Judge, Sialkot convicting him under section 302, P.P.C. For the murder of Allah Rakha deceased and sentencing him to death and fine of Rs,15,000 or in default three years R.I. Out of which, on recovery, Rs,10,000 were to be paid as compensation to the legal heirs of the deceased, was dismissed with the modification that the sentence of death was commuted to life imprisonment and the benefit of section 382-B, Cr.P.C. Extended to the petitioner and the entire fine ordered to be paid to the legal heirs of the deceased as compensation. ' We have heard Malik Abdul Wahid, Advocate, for the petitioner, and have perused the record of the case. The learned counsel for the petitioner strenuously argued that Jamal Din P.W. 4 and Muhammad Ishaq P.W. 5 who were mentioned as eyewitnesses in the F.I.R. Did not support the prosecution version and deposed on oath that they had not seen the occurrence and that when they reached the spot, they found Allah Rakha lying dead. Both the witnesses have been declared hostile. Mst. Sharifan Bibi is the sister of the deceased but her presence, according to the submission of the learned counsel, at the spot is not natural as she is residing in a different village than that of the deceased. He further submitted that there is inordinate delay in the lodging of the F.I.R. Inasmuch as, the occurrence took place at Chahwela whereas the report was lodged at 10-15 p.m., i,e. After a delay of about 12 hours for which no plausible explanation has been tendered. Additionally, he
---
## Page 2
submitted that the complainant, who is the sister of the deceased, had submitted an application to the learned Division Bench stating that she had pardoned the accused/petitioner. ' Leave is granted to consider the submissions made by the learned counsel for the petitioner.