1990 PLP 319 (SCMR)
MUHAMMAD IQBAL‑‑Pc1ii inner Versus THE STATE‑‑Respondent
| Citation | 1990 PLP 319 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah and Saad Saood Jan, J |
| Parties | MUHAMMAD IQBAL‑‑Pc1ii inner Versus THE STATE‑‑Respondent |
| Primary Law | Penal Code (XLV of 1860)‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 319 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 319 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and Saad Saood Jan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 319 (SCMR) (MUHAMMAD IQBAL‑‑Pc1ii inner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
(From‑ Lahore High Court, Lahore dated 2‑2‑1985 in Criminal Appeal No. 49/82 and Murder Reference No. 20X/81). ‑‑‑S.302‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Motive, ocular account, recoveries and medical testimony, all fully established case of prosecution‑‑ Accused's sentence was already reduced to life imprisonment in consequence of Presidential Order‑‑‑Held, no further alteration either in conviction or sentence was warranted‑‑‑Petition dismissed.
Judgment & Decree
‑‑‑S.302‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Motive, ocular account, recoveries and medical testimony, all fully established case of prosecution‑‑ Accused's sentence was already reduced to life imprisonment in consequence of Presidential Order‑‑‑Held, no further alteration either in conviction or sentence was warranted‑‑‑Petition dismissed. NASIM HASAN SHAH, J.‑‑The petitioner, Muhammad Iqbal, was tried under section 302, P.P.C. for the murder of Amir Abbas by the Sessions Judge, Mianwali. He was convicted under section 302, P.P.C. and sentenced to death. On appeal and reference the High Court confirmed the sentence of death and also dismissed the appeal preferred by the petitioner from jail. In the result, the petitioner stood condemned to death. However, in consequence of the Presidential Order dated 6‑12‑1988, the death sentence of all the condemned prisoners was commuted to imprisonment for life and in pursuance thereof the petitioner was shifted to the general section of the jail to undergo the lesser sentence. In the meanwhile, however, the petitioner had submitted this petition for leave to appeal through jail. I have perused the relevant judgments and agree with the view taken by the High Court that the motive, ocular account, the recoveries and the medical testimony all fully establish the case of the prosecution. The petitioner has already been lucky in the matter of sentence in pursuance of the beneficent orders of the President. No further alteration either in the conviction or in the sentence is warranted. I would dismiss this petition. SAAD SAOOD JAN, J.‑‑I agree. M.A.K./M‑1015/S Petition dismissed.