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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: SOHAIL KHAN and another VS Respondent: AFZAL HUSSAIN and others
Court Name: Supreme Court of Pakistan Judge(s): Asif Saeed Khan Khosa, Raja Fayyaz Ahmad Title: SOHAIL KHAN and another vs AFZAL HUSSAIN and others Case No.: Criminal Petition No, 243 of 2010 and Jail Petition No, 213 of 2010 Date of Judgment:2011-05-30 Reported As: 2011 SCMR 1532 Result: Leave granted
Judgment ORDER ' RAJA FAYYAZ AHMED, J.---It has inter alia been contended by the learned counsel for the petitioner that hatchet injuries were attributed to respondent-convict, caused on most vital part of the deceased i,e,, head and in fact attack was launched by the accused party on the complainant party near to/in front of their house. 2. In the connected Jail Petition preferred by the convict, who was sentenced to death which was commuted to life imprisonment by the learned High Court vide impugned judgment; on his behalf, it has been contended by the learned counsel that in fact as per evidence on record the incident had taken place in front of the house of the accused party where the complainant party had come to launch murderous attack in which injuries on head, chest and leg of the convict were inflicted with blunt weapon but the same were suppressed. The plea of self-defence was introduced by the convict, who urged that he was subjected to aggression, therefore, on this view of the matter, it is to be examined as to whether in the given circumstances the convict can be held liable for qatl-e- amd or he exceeded to the right of claimed self-defence. 3. In view of the above noted position, we are inclined to grant leave to appeal in both these Criminal Petitions for reappraisal of entire evidence.
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