1990 PLP 310 (SCMR)
NASEER AHMAD‑‑Petitioner Versus MUHAMMAD SARWAR and another‑‑‑Respondents
| Citation | 1990 PLP 310 (SCMR) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | NASEER AHMAD‑‑Petitioner Versus MUHAMMAD SARWAR and another‑‑‑Respondents |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 310 (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 310 (SCMR)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 310 (SCMR) (NASEER AHMAD‑‑Petitioner Versus MUHAMMAD SARWAR and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Farooq Hussain Naqvi, Advocate Supreme Court instructed by Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 27th September, 1989.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, Lahore dated 9th July, 1988, in Criminal Appeal No. 263 of 1985). ‑‑‑S.302‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Leave to appeal‑‑‑High Court had given detailed reasons in support of its finding that prosecution had not succeeded in proving motive for the occurrence and that there was no evidence on record as to how it started and in this background sentence of death awarded to accused by Trial Court was altered to one of imprisonment for life‑‑ No case was made out for interference with the said order of High Court‑‑ Petition, even otherwise, was barred by fifteen days which was however dismissed on merits.
Judgment & Decree
Syed Farooq Hussain Naqvi, Advocate Supreme Court instructed by Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner. Nemo for Respondents. Date of hearing: 27th September, 1989. JAVID IQBAL, J.‑‑This petition for leave to appeal is directed against judgment of the Lahore High Court, Lahore dated 9th July, 1988 whereby conviction of respondent Muhammad Sarwar under section 302, P.P.C. was maintained but his sentence was altered to life imprisonment for the reason that the motive set up by the prosecution could not be proved. Briefly the facts are that Muhammad Sarwar respondent was tried under section 302, P.P.C. for the murder of Bashir Ahmad and the trial Court vide its judgment convicted him there-under and sentenced him to death plus fine. On appeal as stated above his conviction was maintained but the death sentence altered to imprisonment for life. Hence the present petition from the complainant side. Learned counsel for the complainant‑petitioner submits that the motive set up by the prosecution was very clear and should have been believed in the instant case. Muhammad Sarwar respondent and the deceased were living together in the same place. There was quarrel between them because Muhammad Sarwar respondent had borrowed some money from the deceased and when the deceased wanted to have the amount back Muhammad Sarwar respondent is stated to have attacked him. We have carefully examined this aspect of the case. The High Court did not rely on the motive and the learned Judges have given reasons in detail on page 14 of the impugned judgment as to why the motive as set up by the prosecution was not established. The finding is that the prosecution did not succeed in proving the motive for the occurrence and that there is no evidence on the record as to how it started. It was in this background that the sentence had been altered from death to imprisonment for life. After hearing learned counsel, in our view, no case is made out for interference. The petition is even otherwise barred by 15 days. However we dismiss it on merits. N.H.Q./N‑218/S Petition dismissed.