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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: KHAIR MUHAMMAD and others VS Respondent: MUHAMMAD ASLAM and 5 others
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Muhammad Afzal Zullah, Syed Usman Ali Shah Title: KHAIR MUHAMMAD and others vs MUHAMMAD ASLAM and 5 others Case No.: Criminal Petitions Nos.188 and 211 of 1986 Date of Judgment:1989-06-18 Reported As: 1990 SCMR 1392 Result: Ordered accordingly
Judgment ' GHULAM MUJADDID, J.--Two separate petitions for leave to appeal have been filed against the judgment of the Lahore High Court dated 10-3-1986--one by Khair Muhammad first informant, the other by Muhammad Aslam and five others. In the former (Criminal Petition No,188 of 1986) the grievance is that appellate Court was not justified in commuting the death sentence of respondents 1 to 4 to imprisonment for life and acquitting Muhammad Ashraf respondent No,6. In the latter (Cr.P.211 of 1986), the convicts have prayed for acquittal. We have heard learned counsel appearing in both the petitions. Three persons were murdered from the complainant side and one was killed from the accused. It is a fit case for re-appraisal of evidence so as to examine as to whether the reasons given by the High Court were in accordance with the principles governing the administration of criminal justice. Leave is accordingly granted, in both the petitions. - Non-bailable warrants to issue against Muhammad Ashraf. The other respondents shall not be released after the expiry of their sentence .Pending disposal of the appeals.