1989 PLP 1806 (SCMR)
KHUSHI MUHAMMAD Petitioner Versus MUHAMMAD ASLAM and another Respondents
| Citation | 1989 PLP 1806 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Javid lqbal, Ghulam Mujaddid and Saad Saood Jan, JJ |
| Parties | KHUSHI MUHAMMAD Petitioner Versus MUHAMMAD ASLAM and another Respondents |
| Primary Law | Penal Code (XLV of 1860)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1806 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1806 (SCMR)?
The case was heard and decided by the High Court bench comprising: Javid lqbal, Ghulam Mujaddid and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1806 (SCMR) (KHUSHI MUHAMMAD Petitioner Versus MUHAMMAD ASLAM and another Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sardar Roshan Ali Sindho, Advocate Supreme Court and Mian Ataur Rchman, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 12th April, 1989.
Headnotes / Summary
(From the judgment dated 17‑8‑1987 of the Lahore High Court, Lahore, in Criminal Appeal No. 648/86). ‑‑‑Ss. 302 & 307/34‑‑Constitution of Pakistan (1973), Art. 185 (3)‑‑Accused was tried together with his two brothers and father for offence of murder‑‑Accused alone was convicted and sentenced to life imprisonment‑‑Accused's appeal against his conviction was dismissed by the High Court‑‑High Court having issued suo mote notice to accused for enhancement of his sentence to death had discharged it for the reason that he had fired at the deceased on the exhortations of his father and two elder brothers‑‑Such ground being not an insubstantial ground for not imposing the capital sentence, petition was dismissed.
Judgment & Decree
SAAD SAOOD JAN, J‑‑Muhammad Aslam, respondent, together with his two brothers and father was tried by the Additional Sessions Judge at Bahawalnagar for offences falling under sections 302 and 307, read with section 34 of the Pakistan Penal Code liar causing the death of his cousin Muhammad Anwar and making murderous assault upon his two other cousins, Khushi Muhammad and Asghar Ali. The learned Addidional Sessions Judge convicted the respondent alone under section 302, P.P.C. and sentenced him to suffer imprisonment for life. He was also convicted under section 32‑1, P.P.C. for causing simple hurt to Asghar Ali. His brothers were convicted under section 323 read with section 34 of the Pakistan Penal Code. For these offences the respondent and his brothers were sentenced to suffer different terms of imprisonment. His father %vas acquitted. The respondent riled an appeal from his conviction and sentence. The High Court dismissed his appeal. Khushi Muhammad has filed this petition to seek enhancement of his sentence to death.
2. It may be mentioned that the High Court had issued a suo motu notice to Muhammad Aslam for enhancement of his sentence but after a full hearing discharged it. The reason which prevailed with the High Court in this regard was that Muhammad Aslam had fired at the deceased on the exhortations of his father and two elder brothers. This does not appear to be an insubstantial ground t for not imposing the capital sentence. The petition is dismissed. A.A./K‑113/S Petition dismissed.