1998 PLP 1 (MLD)
MUHAMMAD NAWAZ and others — Petitioners Versus STATE — Respondent
| Citation | 1998 PLP 1 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD NAWAZ and others — Petitioners Versus STATE — Respondent |
Q1: What are the key laws and sections cited in 1998 PLP 1 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 1 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 1 (MLD) (MUHAMMAD NAWAZ and others — Petitioners Versus STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Altaf Ibrahim for Petitioners.
Headnotes / Summary
Ss. 302/34 & 324/34
Criminal Procedure Code (V of 1898), S.345-- Compounding of offence
Legal heirs of both the deceased had forgiven the accused as well as the absconding co-accused in the name of Allah and had sworn affidavits to that effect which had been placed on record
Petition for permission to compromise was accepted and the accused and absconding co -accused were directed to be set at liberty forthwith.
Judgment & Decree
MUHAMMAD ASIF JAN, J.
Muhammad Nawaz Shah petitioner/appellant was convicted under section 302, P.P.C. read with section 54, P.P.C. and sentenced to imprisonment for life alongwith a fine of Rs.50,000 and in case of default to further R.I. for 2 years. He was also ordered to pay Rs.50,000 as compensation to the legal heirs of the deceased under section 544-A, Cr.P.C. on two counts, for having caused death of Syed Nau Bahar Shah and Waryam alongwith his brother Riaz Hussain Shah (absconder). Both Muhammad Nawaz Shah petitioner/appellant and absconding accused Riaz Hussain Shah were also convicted under section 34, P.P.C. read with section 34, P. P. C. and sentenced to 7 years R.I. alongwith a one of Rs.10,000 each and in case of default in payment of fine were ordered to undergo further R.I. for one year for having caused injuries to Falak Sher and Alamdar Hussain Shah vide judgment/order of Mr. Muhammad Asif Khan, Judge, Suppression of Terrorist Activities Court, Multan Division, Multan, dated 23-4-1996.
2. Syed Nau Bahar Shahh left behind the following legal heirs (i) Mst. Ghulam Jannat, mother, (ii) Mst. Nadira Bukhari, wife, (iii) Syed Amjad Hussain Shah, son (iv) Syed Alamdar Hussain Shah, son, (v) Hina Bukhari, daughter, and (vi) Mina Bukhari, daughter, Deceased Waryam was survived by the following legal heirs; (i) Sheran Bibi, wife. (ii) Zafar Abbas, son, (iii) Mst. Sulekhan, daughter, (iv) Sughran Bibi, daughter, and (v) Shamim Bibi, daughter.
3. The abovementioned legal heirs of both the deceased have for given Muhammad Nawaz Shah petitioner/appellant and absconding accused Riaz Hussain Shah in the name of Allah, and have sworn affidavits to that effects which have been placed on record alongwith Identity Cards.
4. The abovementioned legal heirs of both the deceased are also present in Court and have reiterated the correctness and genuineness of their affidavits which are also verified by their learned counsel.
5. The abovementioned legal heirs of both the deceased pray that Muhammad Nawaz Shah and his brother co-accused Riaz Hussain Shah (absconding accused) be acquitted.
6. Falak Sher and Alamdar Hussain Shah, the two injured witnesses are also present in Court. They have also sworn affidavits, which have been placed on record. Resultantly, this petition is accepted and Muhammad Nawaz Shah petitioner/appellant and Riaz Hussain Shah (absconding accused) are set at liberty unless required in any other case. N.H.Q./M-451/L Compromise allowed.