1990 PLP 286 (SCMR)
MUHAMMAD ASHIQ‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1990 PLP 286 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Abdul Kadir Shaikh, Ghulam Mujaddid |
| Parties | MUHAMMAD ASHIQ‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Penal Code (XLV of 1860)‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 286 (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 286 (SCMR)?
The case was heard and decided by the High Court bench comprising: Abdul Kadir Shaikh, Ghulam Mujaddid.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 286 (SCMR) (MUHAMMAD ASHIQ‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Rab Nawaz Noon, Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner.
- Date of hearing: 25th June, 1989.
Headnotes / Summary
(From the judgment of the Lahore High Court dated 19‑4‑1989 in Criminal Appeals Nos. 71 and 75 of 1986). ‑‑‑S.325‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Accused had been given so much of concession by Trial Court to which he was not entitled under the law and otherwise‑‑‑Petition being without any merit dismissed. Nemo for the State.
Judgment & Decree
Malik Rab Nawaz Noon, Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner. Nemo for the State. Date of hearing: 25th June, 1989. GHULAM MUJADDID, J.‑‑The petitioner along with Muhammad Aslam and Muhammad Shafique were tried by the Additional Sessions Judge, Rawalpindi, for the murder of Abdul Jabbar which took place on 11‑9‑1985 at about 6‑00 a.m. in Nai Abadi Dhoke Kashmiran, Rawalpindi. Report was lodged by Muhammad Shafat, maternal uncle of the deceased. The trial Court convicted the petitioner under section 325, P.P.C. and sentenced him to five years R.I. and fine of Rs.5,000 or in default six months R.I, Muhammad Aslam and Muhammad Shafique were convicted under section 323, P.P.C. and sentenced to six months R.I. each with fine of Rs.1,000 each or in default thereof three months R.I each. Muhammad Ashiq and Muhammad Aslam filed joint appeal in the Lahore High Court where Muhammad Shafique separately appealed. Criminal revision was also filed by the complainant. All the three matters were decided by the High Court by judgment dated 19‑4‑1989. Both the appeals were dismissed and so was the revision. The learned Judge in view of the grievous injury caused by Muhammad Ashiq which resulted in the death of Abdul Jabbar withdrew the benefit under section 382‑B, Cr.P.C. In the case of the remaining two appellants before the High Court namely Muhammad Aslam and Muhammad Shafique, the High Court observed that the sentence already undergone by them would meet the ends of justice. Muhammad Ashiq has now filed this petition for leave to appeal. We are really surprised as to what persuaded the petitioner to file this petition when there is hardly any merit in it. On the other hand we notice that the petitioner had been given so much of concession by the trial Court to which he was not entitled under the law and otherwise. Dismissed. M.A.K./M‑1017/S Petition dismissed.