2006 PLP 873 (SCMR)
GHULAM HUSSAIN and others — Petitioners Versus THE STATE and others — Respondents
| Citation | 2006 PLP 873 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sh. Riaz Ahmed, C.J., Mian Muhammad Ajmal and Muhammad Nawaz Abbasi, JJ |
| Parties | GHULAM HUSSAIN and others — Petitioners Versus THE STATE and others — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2006 PLP 873 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 873 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sh. Riaz Ahmed, C.J., Mian Muhammad Ajmal and Muhammad Nawaz Abbasi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 873 (SCMR) (GHULAM HUSSAIN and others — Petitioners Versus THE STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ahmed Raza Khan Kasuri, Advocate Supreme Court for Petitioners.
- Date of hearing; 6th June, 2003.
- Muhammad Zaman Bhatti, Advocate Supreme Court and Ch. M. Akram, Advocate-on-Record for the Complainant.
- We have heard Mr. Ahmed Raza Khan Kasuri, Advocate A Supreme Court, and are of view that since leave to appeal has already been granted in Cr.P.295 of 2001, therefore, we would grant leave to appeal in this jail petition as well to determine, as to whether such injury attributed to Khalid Rashid could have been caused by weapon used by him during the occurrence.
Headnotes / Summary
(On appeal from the judgment dated 11-10-2001 of the Lahore High Court, Multan Bench in Cr.A.No.6 of 1999).
Ss. 302/34 & 324/34
Leave to appeal was granted by Supreme Court to accused in one case to consider only the quantum of sentence and in the other case to determine as to whether the injury attributed to accused could have been caused by the weapon used by him during the occurrence. Muhammad Zaman Bhatti, Advocate Supreme Court and Ch. M. Akram, Advocate-on-Record for the Complainant.
Judgment & Decree
SH. RIAZ AHMED, C.J.
This order shall dispose of Cr.P.295 of 2001 and Jail Petition 202 of 2001 assailing the legality of judgment, dated 11-10-2001 whereby, a learned Division Bench of the Lahore High Court confirmed the death sentences of Ghulam Hussain son of Abdul Karim and Muhammad Ramzan and altered the sentence of Nazir Ahmed son of Noor Muhammad and Khalid Rashid petitioners to that of life imprisonment each, for the murders of Abdul Hameed, Zulfiqar and Sabir Ali deceased and for causing injuries to Liaqat Ali, Wajid Ali, Ibrahim and Mst. Bilquis.
2. After hearing both the learned counsels for the parties and having gone through the judgments of the Courts below, we have noticed that there is a contradiction between the statements of the eye-witness Bilquis P.W.9 and complainant Siddique P.W.8 qua the role of Ghulam Hussain, inasmuch as, she had categorically deposed that Ghulam Hussain had fired a rifle shot which hit Zulfiqar on his chest causing his death while the first informant Siddique attributes the death of Zulfiqar to Nazir Ahmed son of Noor Muhammad and Mehmood. It was further contended that occurrence took place during the dead hours of the night, therefore, it was not possible for the witnesses to have correctly identified the assailants in absence of electricity in the village. It was next contended that the Courts below have unjustifiably brushed aside the plea of alibi raised on behalf of petitioner Ghulam Hussain with regard to his detention at Police Station "B" Division Okara on 9-5-1995. Therefore, to consider only the quantum of sentence in this case, we grant leave to appeal. Order accordingly. We have heard Mr. Ahmed Raza Khan Kasuri, Advocate A Supreme Court, and are of view that since leave to appeal has already been granted in Cr.P.295 of 2001, therefore, we would grant leave to appeal in this jail petition as well to determine, as to whether such injury attributed to Khalid Rashid could have been caused by weapon used by him during the occurrence. Leave to appeal granted in both these cases. N.H. Q./G-192/SC????????????????????????????????????????????????????????????????????????????? Leave granted.