1990 PLP 492 (SCMR)
GHULAM MURTAZA‑‑Petitioner Versus MUHAMMAD ARIF alias BAHARI and others‑‑Respondents
| Citation | 1990 PLP 492 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, Ghulam Mujaddid |
| Parties | GHULAM MURTAZA‑‑Petitioner Versus MUHAMMAD ARIF alias BAHARI and others‑‑Respondents |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 492 (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 492 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, Ghulam Mujaddid.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 492 (SCMR) (GHULAM MURTAZA‑‑Petitioner Versus MUHAMMAD ARIF alias BAHARI and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ghulam Bari Saleemi, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 20th June, 1989.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, Lahore dated 26‑9‑1987, passed in Cr. A. No. 703 of 1984). ‑‑‑S.302‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Leave to appeal‑‑‑High Court reduced sentence of accused from death to life imprisonment on the ground of non‑availability of immediate motive for the occurrence though there was other motive‑‑‑Leave having already been granted in another case involving identical fact of unknown or deliberately concealed motive of offence same was also granted in the present case.
Judgment & Decree
‑‑‑S.302‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Leave to appeal‑‑‑High Court reduced sentence of accused from death to life imprisonment on the ground of non‑availability of immediate motive for the occurrence though there was other motive‑‑‑Leave having already been granted in another case involving identical fact of unknown or deliberately concealed motive of offence same was also granted in the present case. Ghulam Bari Saleemi, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for Petitioner. Nemo for Respondents. Date of hearing: 20th June, 1989. S. USMAN ALI SHAH, J.‑‑This petition for leave to appeal has been riled by Ghulam Murtaza petitioner against the order of the Lahore High Court, Lahore dated 26‑9‑1987, whereby Criminal Appeal No.703 of 1984 of Muhammad Arif alias Bahari against his conviction under section 302, P.P.C. for the murder of Ghulam Hussain deceased was maintained but death sentence awarded to him by the learned Additional Sessions Judge, Kasur was reduced to imprisonment for life, on the ground of non‑availability of immediate motive of the occurrence on record by the impugned judgment. The learned counsel for the petitioner urged that the guilt against the accused respondent No.l has been fully proved under section 302, P.P.C. and no mitigating circumstances are available on the record to justify the reduction in his sentence from death to life imprisonment. We have observed that the learned High Court reduced the sentence of the respondent No.l to life imprisonment on the ground of non‑availability of so‑called immediate motive for the occurrence though there was other motive. This Court has already granted leave in Criminal Petition No.129 of 1987 which involved an identical fact of unknown or deliberately concealed motive of offence. Under the circumstances we think it proper to grant leave in this petition as well for the consideration of this Court. The appeal is to be heard alongwith appeal arising in Criminal Petition No.129 of 1987 in which leave has already been granted on 19‑6‑1989. Muhammad Arif respondent shall not be released during the pendency of the appeal in this Court. M.A.K./G‑229/S Leave granted.