1996 PLP 939 (SCMR)
DILAWAR HUSSAIN‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 1996 PLP 939 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sajjad Ali Shah and Muhammad Rafiq Tarar, JJ |
| Parties | DILAWAR HUSSAIN‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 1996 PLP 939 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996 PLP 939 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sajjad Ali Shah and Muhammad Rafiq Tarar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996 PLP 939 (SCMR) (DILAWAR HUSSAIN‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khawja Sarfraz Ahmad, Advocate Supreme Court and Hamid Aslam Qureshi, Advocate‑on‑Record for Petitioner. Nemo for the State.
- Date of hearing: 30th April, 1994.
- Khawja Sarfraz Ahmad, Advocate Supreme Court and Hamid Aslam Qureshi, Advocate-on-Record for Petitioner. Nemo for the State.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court dated 21‑4‑1993 passed in Cr. Appeal No. 251 of 1990). ‑‑‑‑S. 302‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Leave to appeal was granted to examine whether in the circumstances when only one Knife injury was inflicted on the upper part of right thigh of the deceased which proved fatal and that also on account of sudden quarrel without there being any enmity between the parties, offence would fall under S. 304, P.P.C. and not under S. 302, P.P.C. Muhammad Salim v. Muhammad Aslam and others 1983 SCMR 53 ref.
Judgment & Decree
SAJJAD ALI SHAH, J.
Petitioner is convicted for offence under section 302, P.P.C. and is sentenced to imprisonment for life. His appeal is dismissed by the High Court. It is submitted that according to the prosecution only one knife injury was inflicted on the upper part of right thigh which caused death and that also on account of sudden quarrel with regard to payment of Rs.150 as there was no enmity between the parties. In the circumstances, it is submitted that offence would fall under section 304, P.P.C. and not under section 302, P.P.C. In support of the proposition, reliance is placed on cases of Muhammad Slaim v. Muhammad Aslam and others (1983 SCMR 53) and Munawar Hussain v. The State (1983 SCMR 1165). Leave is granted to examine the contention mentioned above. N.H.Q./D-113/S Leave granted.