1987 PLP 510 (SCMR)
MUHAMMAD JAVED and another‑‑Petitioners Versus THE STATE and another‑‑Respondents
| Citation | 1987 PLP 510 (SCMR) |
| Forum / Court | ‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), S. 302‑‑Sentence, reduction of‑‑Compromise‑‑Conviction under S. 302, P.P.C. and sentence of death‑‑Heirs of deceased receiving compensation forgave petitioner voluntarily‑‑Supreme Court, in view of compromise and for securing harmoneous relations between parties, accepted compromise, maintained conviction and fine but altered sentence of death to imprisonment for life.‑‑Compromise. |
| Bench Members | Muhammad Haleem, C.J. Muhammad Afzal Zullah, Shafiur Rahman and Javid Iqbal, JJ |
| Parties | MUHAMMAD JAVED and another‑‑Petitioners Versus THE STATE and another‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1987 PLP 510 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 510 (SCMR)?
The case was heard and decided by the ‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), S. 302‑‑Sentence, reduction of‑‑Compromise‑‑Conviction under S. 302, P.P.C. and sentence of death‑‑Heirs of deceased receiving compensation forgave petitioner voluntarily‑‑Supreme Court, in view of compromise and for securing harmoneous relations between parties, accepted compromise, maintained conviction and fine but altered sentence of death to imprisonment for life.‑‑Compromise. bench comprising: Muhammad Haleem, C.J. Muhammad Afzal Zullah, Shafiur Rahman and Javid Iqbal, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 510 (SCMR) (MUHAMMAD JAVED and another‑‑Petitioners Versus THE STATE and another‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ijaz Hussain Batalvi, Senior Advocate Supreme Court with M.A.Zafar, Advocate Supreme Court instructed by Muhammad Aslam Chaudhary, Advocate‑on‑Record for Petitioner (in Criminal Petition No. 364 of 1982).
- Ch. M. Aslam, Advocate‑on‑Record with Ijaz Hussain Batalvi, Senior Advocate Supreme Court and M.A. Zafar, Advocate Supreme Court for Respondents (in Criminal Petition No. 369 of 1982).
- Sheikh Attaullah Sajjad, Senior Advocate Supreme Court and Salim Ahmad Malik, Advocate‑on‑Record for Petitioner (in Criminal Petition No. 372 of 1982).
- Ijaz Hussain Batalvi, Senior Advocate Supreme Court with M.A. Zafar, Advocate Supreme Court and Ch. M. Aslam Advocate‑on‑Record for Respondents (in Criminal Petition No. 372 of 1982).
- Date of hearing: 14th January, 1987.
- M.A. Kadri, Advocate‑on‑Record (absent) for the Complainant (in Criminal Petition No. 364 of 1982).
- Tanvir Ahmad Khan Add1.A.‑G.: Muhammad Abdullah Bajwa, Advocate Supreme Court and Ijaz Ali, .advocate‑on‑Record for the State (in Criminal Petition No369 of 1982).
- MUHAMMAD HALEEM,.J.‑‑Petitioner Muhammad Javed was convicted and sentenced to death for the murder of Barkatullah Saleemi, an Advocate. He has left him surviving his father Tajuddin, two brothers Muhammad Saeed and Muhammad Bashir, one sister Mst. Begum Bibi and his widow, and had himself no issue.
- The widow is not present in the Court, but her first cousin Mian Muhammad Saqib Nisar, an Advocate, present in Court states that she had told him on telephone that she has forgiven the petitioner voluntarily and of her own free will, and as to the compensation, she would share with the other heirs from the amount of Rs.70,000 paid to them. The other heirs of the deceased have also stated that they have forgiven the petitioner voluntarily and have today received in Court Rs.70,000 in cash paid on behalf of the petitioner.
- The learned counsel for Muhammad Saeed withdraws Criminal Petition No. 372 of 1982 and so also the Additional Advocate‑General withdraws Criminal Petition No. 369 of 1982, in view of the compromise, which are, accordingly, dismissed as withdrawn.
Headnotes / Summary
(On appeal from the judgment and order dated 20‑9‑1982 of the Lahore High Court, Lahore passed in. Criminal Appeal No 1170 of 1980). ‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), S. 302‑‑Sentence, reduction of‑‑Compromise‑‑Conviction under S. 302, P.P.C. and sentence of death‑‑Heirs of deceased receiving compensation forgave petitioner voluntarily‑‑Supreme Court, in view of compromise and for securing harmoneous relations between parties, accepted compromise, maintained conviction and fine but altered sentence of death to imprisonment for life.‑‑[Compromise]. M.A. Kadri, Advocate‑on‑Record (absent) for the Complainant (in Criminal Petition No. 364 of 1982). Tanvir Ahmad Khan Add1.A.‑G.: Muhammad Abdullah Bajwa, Advocate Supreme Court and Ijaz Ali, .advocate‑on‑Record for the State (in Criminal Petition No369 of 1982).
Judgment & Decree
Tanvir Ahmad Khan Add1.A.‑G.: Muhammad Abdullah Bajwa, Advocate Supreme Court and Ijaz Ali, .advocate‑on‑Record for the State (in Criminal Petition No369 of 1982). Ch. M. Aslam, Advocate‑on‑Record with Ijaz Hussain Batalvi, Senior Advocate Supreme Court and M.A. Zafar, Advocate Supreme Court for Respondents (in Criminal Petition No. 369 of 1982). Sheikh Attaullah Sajjad, Senior Advocate Supreme Court and Salim Ahmad Malik, Advocate‑on‑Record for Petitioner (in Criminal Petition No. 372 of 1982). Ijaz Hussain Batalvi, Senior Advocate Supreme Court with M.A. Zafar, Advocate Supreme Court and Ch. M. Aslam Advocate‑on‑Record for Respondents (in Criminal Petition No. 372 of 1982). Date of hearing: 14th January, 1987. MUHAMMAD HALEEM,.J.‑‑Petitioner Muhammad Javed was convicted and sentenced to death for the murder of Barkatullah Saleemi, an Advocate. He has left him surviving his father Tajuddin, two brothers Muhammad Saeed and Muhammad Bashir, one sister Mst. Begum Bibi and his widow, and had himself no issue. The widow is not present in the Court, but her first cousin Mian Muhammad Saqib Nisar, an Advocate, present in Court states that she had told him on telephone that she has forgiven the petitioner voluntarily and of her own free will, and as to the compensation, she would share with the other heirs from the amount of Rs.70,000 paid to them. The other heirs of the deceased have also stated that they have forgiven the petitioner voluntarily and have today received in Court Rs.70,000 in cash paid on behalf of the petitioner. In view of the compromise and for securing harmonious relations' between the parries, we would accept the compromise. Accordingly, Criminal Petition for Leave to Appeal No. 364 of 1982, is converted into an appeal and disposed of in terms that while maintaining the conviction, the capital sentence is altered to imprisonment for life, but the fine is maintained. The learned counsel for Muhammad Saeed withdraws Criminal Petition No. 372 of 1982 and so also the Additional Advocate‑General withdraws Criminal Petition No. 369 of 1982, in view of the compromise, which are, accordingly, dismissed as withdrawn. M. I. /M‑3/S Petition dismissed as withdrawn.