1995SCMR1106 (PLP)
SHER ZAMAN‑‑‑Petitioner Versus MUHAMMAD IRSHAD and another‑‑‑Respondents
| Citation | 1995SCMR1106 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saiduzzman Siddiqui, Fazal Ilahi Khan and |
| Parties | SHER ZAMAN‑‑‑Petitioner Versus MUHAMMAD IRSHAD and another‑‑‑Respondents |
Q1: What are the key laws and sections cited in 1995SCMR1106 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995SCMR1106 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saiduzzman Siddiqui, Fazal Ilahi Khan and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995SCMR1106 (PLP) (SHER ZAMAN‑‑‑Petitioner Versus MUHAMMAD IRSHAD and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Munir Peracha, Advocate Supreme Court with Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner.
- Date of hearing: 15th January, 1994.
- Ejaz Muhammad Khan, Advocate‑on‑Record (absent) fur Respondent No. 1.
Headnotes / Summary
(On appeal from the judgment of Lahore High Court, Rawalpindi, Bench, dated 8‑11‑1993, passed in CrA. 73/89). Penal Code (XLV of 1860)... ‑‑‑‑S. 302‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Leave to appeal was granted to consider whether the circumstances taken into consideration by High Court in reducing death sentence of accused amounted to mitigating circumstances in the case. Ejaz Muhammad Khan, Advocate‑on‑Record (absent) fur Respondent No. 1.
Judgment & Decree
Penal Code (XLV of 1860)... ‑‑‑‑S. 302‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Leave to appeal was granted to consider whether the circumstances taken into consideration by High Court in reducing death sentence of accused amounted to mitigating circumstances in the case. Muhammad Munir Peracha, Advocate Supreme Court with Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner. Ejaz Muhammad Khan, Advocate‑on‑Record (absent) fur Respondent No.
1. Date of hearing: 15th January, 1994. SAIDUZZAMAN SIDDIQUI, J: ‑‑The petitioner is seeking leave to appeal against the judgment of Lahore High Court dated 8‑11‑1993, whereby, the learned High Court while maintaining the conviction of the respondent No.l under section 302, P.P.C. did not confirm the death sentence awarded by the trial Court and altered the same to life imprisonment with benefit of provision of section 382‑B, Cr.P.C. Respondent No. 1 was tried for committing murder of one Fazal‑ur- Rehman on 12‑3‑1988 by the Additional Sessions Judge, Attock. He was convicted under section 302, P.P.C. and sentenced to death. On appeal the learned Judges of the High Court while maintaining the conviction of respondent No.l altered the death sentence to life imprisonment on the following consideration:‑‑ "
14. Coming to the question of quantum of sentence, we are impressed with the submission of the learned counsel that the murder in question was not the result only of a blood fued between the parties but the same also involved the honour of the appellant party because of the appellant's sister being involved at the route of the trouble that had commenced between the two sides. We have also taken note of the trouble that had commenced between the two sides. We have also taken note of the fact that the appellant had neither repeated the fire at Fazal‑ur‑Rehman deceased nor, having injured the deceased, he had taken any steps to launch any assault on Sher Afzal complainant who was also the one who had attacked the appellant in the occurrence which is the motive for the present murder." The learned counsel for the petitioner contends that there were no mitigating circumstances in the case for reducing death sentence awarded by the trial Court and as such alteration of the sentence of respondent No.l from death to life imprisonment by the High Court is not sustainable in law. The contention requires examination and we, accordingly, grant leave to appeal to consider, whether the circumstances taken into consideration by the High Court in reducing death sentence of respondent No.l amounted to mitigating circumstances in the case. N.H.Q./S.942/S Leave granted.