2011 SCMR 947 (PLP)
ASHIQ HUSSAIN — Appellant Versus THE STATE — Respondent
| Citation | 2011 SCMR 947 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Nasir-ul-Mulk and Anwar Zaheer Jamali, JJ |
| Parties | ASHIQ HUSSAIN — Appellant Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2011 SCMR 947 (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 SCMR 947 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Nasir-ul-Mulk and Anwar Zaheer Jamali, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 SCMR 947 (PLP) (ASHIQ HUSSAIN — Appellant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Zaman Bhatti, Advocate Supreme Court for Appellant.
- 2. In view of the arguments of Mr. M. Zaman Bhatti, Advocate Supreme Court appearing for the petitioner, that the occurrence had taken place in the middle of the night in the house of the deceased, when the complainant and other inmates of the house were asleep and that the other co-accused were either acquitted or given lesser punishment on the same evidence. We grant leave to appeal to reappraise the evidence.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court, Multan Bench, dated 17-6-2009 passed in Criminal Appeal No. 84 of 2004 and Murder Reference No. 126 of 2004).
S. 302(b)
Constitution of Pakistan, Art. 185(3)
Contention of the petitioner/convicted accused was that occurrence had taken place in the mid of the night in the house of the deceased, when the complainant and other inmates of the house were asleep and that the other co-accused were either acquitted or given lesser punishment on the same evidence
Leave to appeal was granted by Supreme Court to reappraise the evidence in circumstances. Ahmed Raza Gillani, D.P.-G. for the State.
Judgment & Decree
NASIR-UL-MULK, J.
Six persons, Ashiq Hussain, Khaliq, Hamid, Rafi, Nazar Hussain, Allah Wasaya and an unknown person, were nominated for the murder of Ghulam Nabi, in F.I.R No. 94 of 2003, registered at Police Station Seetpur, under sections 148/452/302/324/149, P.P.C. lodged by Khadim Hussain, son of the deceased. The trial Court convicted the petitioner under sections 302(b)134 with fine and sentenced him to death. The co-accused, Allah Wasaya, was also convicted under section 302(b)/34, P.P.C. and sentenced to imprisonment for life. The other two co-accused, Nazar Hussain and Hamid, were acquitted by the trial Court. Both the convicts filed appeals against their conviction and sentences before the Lahore High Court. Their appeals were dismissed. Ashiq Hussain alone has assailed his conviction and sentence.
2. In view of the arguments of Mr. M. Zaman Bhatti, Advocate Supreme Court appearing for the petitioner, that the occurrence had taken place in the middle of the night in the house of the deceased, when the complainant and other inmates of the house were asleep and that the other co-accused were either acquitted or given lesser punishment on the same evidence. We grant leave to appeal to reappraise the evidence. M.A.K./A-12/SC Leave granted.