1990 PLP 1391 (SCMR)
LIAQUAT ALI FANI and another‑‑Petitioner Versus THE STATE‑-‑Respondent
| Citation | 1990 PLP 1391 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah, S. Usman Ali Shah and A. S. Salam, JJ |
| Parties | LIAQUAT ALI FANI and another‑‑Petitioner Versus THE STATE‑-‑Respondent |
| Primary Law | Penal Code (XLV of 1860)‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 1391 (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 1391 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah, S. Usman Ali Shah and A. S. Salam, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 1391 (SCMR) (LIAQUAT ALI FANI and another‑‑Petitioner Versus THE STATE‑-‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- K.M. Samdani, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑ Record for Petitioner (in both petitions).
- Date of hearing: 21st January, 1990:
- We have heard K.M. Samdani, the learned counsel for petitioner in Criminal Petition No.113 and in the light of his arguments, gone through the judgments of the Courts below. We have observed that the well‑established principle for appraisal of the evidence has not been observed by the learned High Court against the accused petitioners in both these petitions. In case of jail petition, the learned counsel appearing for Liaquat Ali Fani was requested to put in his appearance and argue the case of Ghulam Mustafa also, who acceded to the request and with his arguments he convinced us making, both the cases for further consideration of this Court. Leave to appeal is, therefore, granted in both these petitions.
Headnotes / Summary
(From the judgment and order of the Lahore High Court, Lahore dated 21‑2‑1989, passed in Criminal Appeal No.665 of 1986 and Murder Reference No.706 of 1986). ‑‑‑S.302/34‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Well established principle for appraisal of evidence had not been observed by Nigh Court‑‑‑Leave to appeal was accordingly granted to further consider the case of accused. Nemo for the State (in both petitions).
Judgment & Decree
S. USMAN ALI SHAH, J.‑‑‑Liaquat Ali Fani .petitioner in petition No.] 13 of 1989 and Ghulam Mustafa petitioner in Jail Petition NoA8‑R of 1989 alongnwith Mushtaq Hussain, Ghulam Hussain, Muhammad Akram, Irshad Hussain and Amjad Hussain Shah were tried by the Additional Sessions Judge Narowal under section 302/34, P.P.C. for the murder of Sain Muhammad on 4‑1‑1985 at 4 p.m. in the Reto Chak graveyard room. The learned trial Judge vide his judgment dated 16‑10‑1986 convicted the petitioners in both the petitions under section 302/34, P.P.C. and sentenced both of them to death with fine of Rs.5,000 each or in default of payment of fine they should suffer further R.I. for one year. The fine on realization was ordered to be paid to the heirs of the deceased. The other five accused were however, acquitted from the charge of murder. Appeal filed by both the petitioners before the High Court was dismissed and their death sentence was confirmed vide order dated 21‑2‑1989. Hence both these petitions for leave to appeal. We have heard K.M. Samdani, the learned counsel for petitioner in Criminal Petition No.113 and in the light of his arguments, gone through the judgments of the Courts below. We have observed that the well‑established principle for appraisal of the evidence has not been observed by the learned High Court against the accused petitioners in both these petitions. In case of jail petition, the learned counsel appearing for Liaquat Ali Fani was requested to put in his appearance and argue the case of Ghulam Mustafa also, who acceded to the request and with his arguments he convinced us making, both the cases for further consideration of this Court. Leave to appeal is, therefore, granted in both these petitions. N.H.Q./L‑43/S. Leave granted.