1988 PLP 22 (SCMR)
ANWARUL HASSAN KHAN — Petitioner Versus GHULAM HUSSAIN and another — Respondents
| Citation | 1988 PLP 22 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Shafiur Rahman, Javid Iqbal and Saad Saood Jan, JJ |
| Parties | ANWARUL HASSAN KHAN — Petitioner Versus GHULAM HUSSAIN and another — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 1988 PLP 22 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 22 (SCMR)?
The case was heard and decided by the High Court bench comprising: Shafiur Rahman, Javid Iqbal and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 22 (SCMR) (ANWARUL HASSAN KHAN — Petitioner Versus GHULAM HUSSAIN and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Wahiduddin Virk, Advocate Supreme Court, instructed by Ch. Mehdi Khan Mehtab, - Advocate-on-Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 1st August, 1987.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court Multan dated 15th December 1981 in Criminal Appeal No.140 of 1980/Murder Reference 554 of 1980).
Ss. 302 & 326--Constitution of Pakistan (1973), Art. 185(3)- Sentence, enhancement of--Imposition of fine and payment of compensation--Accused convicted under S. 302, P.P.C. and sentenced to death by Trial Court--High Court, keeping in view location and nature of injury, altered conviction to one under S. 326, P.P.C. and reduced sentence--Order impugned--Plea that even if there was some justification in altering conviction and sentence, Appellate Court should have imposed fine and ordered accused to pay compensation, not entertained--No case having been made out for interference, leave to appeal refused.
Judgment & Decree
JAVID IQBAL, J.-- This petition for leave to appeal has been filed by Anwarul Hassan Khan complainant-petitioner for enhancement of sentence of Ghulam Hussain respondent who was tried for an offence under section 302, P.P.C. and the trial Court convicted him under the said section and sentenced him to death plus fine. In appeal before the Lahore High Court Multan Bench a Division Bench of that Court altered the conviction of Ghulam Hussain respondent from section 302, P.P.C. to section 326, P.P.C. and also altered the sentence of death to that of seven years' R.I. The deceased in this case is Zafar Iqbal. The occurrence took place on 26th April, 1979 at 3-30 p.m. at Hafaz Jamal Road, Multan. FIR was lodged promptly a 4-15 p.m. on the same day. The respondent was apprehended on the spot and was subsequently formally arrested. Recovery of human blood-stained Chhuri was effected from him. The occurrence had been witnessed by three eye-witnesses who were produced. The motive that shortly before the occurrence the respondent had threatened the deceased that he would get him arrested by the police as he was a gambler. Thereupon the deceased is stated to have given 2/3 slap to the respondent, but they were separated by the PWs. Ten minute thereafter the respondent is stated to have attacked the decease with a Chhuri in order to avenge the insult in the presence of the witnesses. According to the medical evidence the deceased had an incised wound on the interior of right thigh in upper part and it was for this reason that the appellate Court altered the conviction and sentence awarded to the respondent. Learned counsel for the complainant-petitioner argued that even if there was some justification in altering the conviction and sentence in this case, the appellate Court should have imposed fine on the respondent and should have also ordered that he should pay compensation which has not been done by the appellate Court in the instant case. We have heard learned counsel at some length. But in the circumstances of the case no case is made out for interference in the impugned judgment of the Division Bench of the Lahore High Court Multan Bench. The petition is consequently dismissed. M.I./A-102/S Petition dismissed: