1989SCMR626 (PLP)
RIAZ AHMAD — Petitioner Versus THE STATE Respondent
| Citation | 1989SCMR626 (PLP) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah and Ali Hussain Qazilbash, JJ |
| Parties | RIAZ AHMAD — Petitioner Versus THE STATE Respondent |
| Primary Law | Penal Code (XLV of 1860)w |
Q1: What are the key laws and sections cited in 1989SCMR626 (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860)w as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR626 (PLP)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR626 (PLP) (RIAZ AHMAD — Petitioner Versus THE STATE Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Inamul Haq, Advocate Supreme Court for Petitioner.
- Date of hearing: 30th November, 1988.
Headnotes / Summary
(On appeal from the judgment dated 16-2-1985 of the Lahore High Court, Bahawalpur Bench, Bahawalpur in Cr. A. No.54/83 and M. R. No.17 of 1983).
S.302--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal granted to consider that one of the alleged eye-witnesses who was brother of complainant and husband of deceased had not supported the prosecution case and there was discrepancy between medical evidence and testimony of eye-witnesses and that the case of prosecution was not free from doubt. Nemo for the State.
Judgment & Decree
NASIM HASAN SHAH, J.‑‑This is a petition from Jail by Riaz Ahmad, petitioner herein, who has been convicted, inter alia, under section 302, P.P.C. and sentenced to death for causing the murder of his mother‑in‑law Mst. Noor Sain, The relevant facts very briefly are that the petitioner was married to Mst. Kalsoom, P.W.7 daughter of Mst. Noor Sain deceased. He used t4 act towards his wife with cruelty and often used to beat her whereupon she would go back to her parents to escape from his cruel behaviour. On previous occasions, however, the petitioner had been successful in bringing her back on promises of better behaviour in future but on the fateful day when the petitioner went to bring her back, after she had left him to escape from his cruelty, Mst. Noor Sain mother of Mst. Kalsoom, refused to send her back, Conciliation efforts by the habitant; of Mohallah were not successful and Mst. Noor Sain flatly refused to send her daughter back. The petitioner got annoyed at this and fired two shots at his mother‑in‑law which caused her death. He also fired another shot which injured Mst. Ehsan Bibi and a child Hanifan Bibi. The petitioner, in these circumstances, was found guilty under section 302, P.P.C. and sentenced to death. The learned counsel for the petitioner has, inter alia, argued that one of the alleged eye‑witnesses, Ghuiam Hussain (P.W.14) the brother of Muhammad Sadiq complainant (the husband of the deceased, Mst. Noor Sain) has not supported the prosecution case; there is a discrepancy between the medical evidence and the testimony of the eye‑witnesses, in that while, according to the eye‑witnesses, the petitioner had fired two shots at the deceased, both of which bit her, the medical evidence indicated that Mst. Noor Sain had received only one shot which entered the fore‑arm of the deceased and went out from the inner side of the arm and then re‑entered her chest region. The submission that the case of the prosecution is not free from doubt requires further consideration. Leave granted. MA.K./R‑77/S Leave granted.