1989SCMR621 (PLP)
NAZIR — Petitioner Versus THE STATE — Respondent
| Citation | 1989SCMR621 (PLP) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah and Ali Hussain Qazilbash, JJ |
| Parties | NAZIR — Petitioner Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 1989SCMR621 (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR621 (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: 1989SCMR621 (PLP) (NAZIR — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hafiz S. A. Rehman, Advocate Supreme Court for Petitioner.
- M. Aslam Uns, Advocate Supreme Court for Respondent.
- Date of hearing: 30th November, 1988.
Headnotes / Summary
(From the judgment of the Lahore High Court, Lahore, dated 3-3-1985, passed in Criminal Appeal No.273 of 1981 and Murder Reference No.84 of 1981).
Ss.302/34 & 307/34--Constitution of Pakistan (1973), Art.185(3)--Sentence- Counsel for the accused did not challenge his conviction but prayed for reduction in sentence only--Counsel, however, could not place any material before Supreme Court in support of his prayer though asked repeatedly--Petition dismissed in circumstances.
Judgment & Decree
ALI HUSSAIN QAZILBASH, J.‑‑This is a petition for leave to appeal against the judgment of a learned Division Bench of the Lahore High Court, dated 3‑3‑1985.
2. Nazir petitioner alongwith his father Barkat and Nadir, his brother‑in -law, residents of Wan Adan, Tehsil Chunian, District Kasur, were tried by the learned Additional Sessions Judge, Kasur, for having committed the murder of Mst. Fatima and murderous assault on her daughter Mst. Maqsoodan. Nadir was acquitted of the charge whereas Nazir petitioner and his father were convicted, on 9‑4‑1981, under section 302/34, P.P.C. and were sentenced to death and a fine of Rs.1,000 each or in default to one year's R.I. They were further convicted under section 307/34, P.P.C. and sentenced to ten years' R.I. and a fine of Rs.1,000 or in default to one year's R.I. each. Both the convicts filed appeal against their conviction and sentence in the High Court. The appeal was partly accepted by the learned Judges of the High Court vide their impugned order inthat Barkat was acquitted of both the offences whereas the appeal of the petitioner was dismissed.
3. The occurrence in this case took. place on 18‑3‑1977 at 5‑30 p.m. on the thoroughfare of the village, the report of which was lodged by Muhammad Yaqub (P.W.12). The motive as given is that 8/9 months prior to the occurrence the Nikah of Mst. M3qsoodan (P.W.13) was performed with Nazir petitioner and in exchange Mst. Sharifan, sister of the petitioner, was given in marriage to Hakim Ali maternal‑uncle of Mst. Maqsoodan but rukhsti in both the cases had not taken place. Subsequently the relations of the parties became strained and about five months before the occurrence both the girls were divorced by their husbands. It is alleged that the petitioner bore a grudge on this account which led to the present occurrence.
4. The learned counsel for the petitioner did not challenge the conviction of his client on merits but has prayed for reduction in his sentence. The learned counsel for the petitioner was repeatedly asked by this Court to place some material before it in support of his prayer for reduction in sentence but he has failed to do so and rightly too because there exists none. We are thus left with no alternative but to dismiss this petition. MA.K./N‑123/S Petition dismissed.