1989SCMR627 (PLP)
SAJJAD HUSSAIN — Petitioner, Versus THE STATE — Respondent
| Citation | 1989SCMR627 (PLP) |
| Forum / Court | High Court |
| Bench Members | Nasirn Hasan Shall and Ali Hussain Qazilbash, JJ |
| Parties | SAJJAD HUSSAIN — Petitioner, Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 1989SCMR627 (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR627 (PLP)?
The case was heard and decided by the High Court bench comprising: Nasirn Hasan Shall and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR627 (PLP) (SAJJAD HUSSAIN — Petitioner, Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Bilal, Advocate Supreme Court for Petitioner.
- Date of hearing: 30th November, 1988.
Headnotes / Summary
(From the judgment of the Lahore High Court, Bahawalpur Bench, dated 20-2-1985, passed in Criminal Appeal No.90 of 1983 and Murder Reference No.23 of 1983).
S.302--Sentence, reduction of--Accused having no right to object to the marriage of his niece to the deceased, moreso in the presence of her father who had given her hand to deceased--Accused inflicted seven injuries on the person of deceased--No extenuating circumstance, held, existed to reduce sentence of accused. Nemo for the State. .
Judgment & Decree
ALI HUSSAIN QAZILBASH, J.‑‑This is a petition for leave to appeal against the judgment of a learned Division Bench of the Lahore High Court dated 20‑2‑1985.
2. Sajjad Hussain petitioner was convicted under section 302, P.P.C. for the murder of Muhammad Sadiq by the learned Sessions Judge, Rahimyar Khan, vide his judgment dated 30‑10‑1983, and was sentenced to death and a fine of Rs.3,000 or in default to one year's R.I. His appeal in the High Court also met the same fate. We need not give the facts of the case in that the learned counsel for the petitioner has not challenged the conviction of the petitioner for committing the murder of Muhammad Sadiq on merits but he has prayed for lesser sentence to his client.
3. A plea of lesser sentence was also made in the High Court but the same was repelled as under: "We have also examined this case to consider the quantum ut sentence awarded by the trial Court to Sajjad Hussain appellant. We have not been able to find any mitigating circumstance for lesser punishment. The accused had no right to object to the marriage of Mst. Shamim Mai, a daughter of his brother to Muhammad Siddique deceased. He went armed to the courtyard of Muhammad Siddique deceased. He inflicted many fatal blows on the person of the deceased and committed his intentional murder. In this view of the matter, we maintain the conviction and sentence of Sajjad Hussain appellant. The sentence of death is confirmed." The above finding in the light of the material on the record is unexceptionable in that the petitioner had no right to object to the marriage of his niece to the deceased, moreso in the presence of her father who had given her hand to Muhammad Siddique. Furthermore, the petitioner had infected as many as seven) injuries on the person of the deceased. Thus, there does not exist any extenuating circumstance to reduce the sentence of the petitioner. The petition is dismissed. MA.K./S‑231/S Petition dismissed.