2002 PLP 1068 (SCMR)
MUHAMMAD ANEES ‑‑‑ Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 2002 PLP 1068 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Munir A. Sheikh, Khalil‑ur‑Rehman Ramday and Faqir Muhammad Khokhar, JJ |
| Parties | MUHAMMAD ANEES ‑‑‑ Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 2002 PLP 1068 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 1068 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Munir A. Sheikh, Khalil‑ur‑Rehman Ramday and Faqir Muhammad Khokhar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 1068 (SCMR) (MUHAMMAD ANEES ‑‑‑ Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M.A. Zafar, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioners.
- Date of hearing: 3rd April, 2
- A.H. Masood, Advocate Supreme Court for the State.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court, Lahore, dated 23‑10‑2001 passed in Criminal Appeal No.981 of 1996/M.R. No.39/97). ‑‑‑‑S.302(b)/34‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑‑Sentence‑‑ Reduction‑‑‑Conviction of accused was based on correct appraisal of evidence and the same was consequently upheld‑‑‑Findings of the Trial Court as confirmed by the High Court were to the effect that the motive part of the story was not plausible‑‑‑Sister of accused according to the prosecution case was, married to the complainant and he had a grievance that his sister was being maltreated on account of which a Punchait was called and it was during the proceedings of the Principal that at the spur of moment something developed on account of which the incident of murder took place‑‑‑Such circumstances had eminently made the case of accused fit for reduction of sentence‑‑‑Petition for leave to appeal was converted into appeal and the sentence of death of accused was reduced to imprisonment for life with benefit of S.382‑B, Cr.P.C. A.H. Masood, Advocate Supreme Court for the State.
Judgment & Decree
MUNIR. A. SHEIKH, J.‑‑‑The petitioner was convicted under section 302(b)/34, P.P.C. for causing death of Muhammad Jafar and awarded death sentence by the trial Court through judgment dated 19‑11‑1996 which has been upheld by the Lahore High Court, Lahore, through the impugned judgment dated 23‑10‑2001 against which leave is sought.
2. On the last date of hearing, after hearing learned counsel for the petitioner and examining the record with his assistance, we found that it is not a case of acquittal as the conviction had been based on correct appraisal of the evidence but we observed that according to the findings of the trial Court which have been affirmed by the High Court, the motive part of the story was not plausible. It is also the case of the prosecution that the petitioner's sister was married to the complainant. The petitioner had a grievance that his sister was being maltreated on account of which a Punchait was called and it was during the proceedings of the Punchait that at the spur of moment some events happened on account of which this incident took place.
3. Keeping in view these circumstances, we find that it is eminently a fit case for reduction of sentence.
4. Resultantly, this petition is converted into appeal, the conviction recorded against the petitioner under section 302(b)/34, P.P.C. for causing murder of Muhammad War, is upheld but the sentence of death is reduced to 8 life imprisonment. Benefit of section 382‑B, Cr. P.C. shall be allowed to the petitioner.