SCMR 1968

1968 PLP (1) (SCMR)

SARWAR AND OTHERS‑Petitioners Versus THE STATE‑Respondent

Jurisdiction / Court
High Court
Decided Date
Petition for Special Leave to Appeal No. 77 of 1968, decided on 21st June 1968.
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 1968 PLP (1) (SCMR)
Forum / Court High Court
Bench Members N/A
Parties SARWAR AND OTHERS‑Petitioners Versus THE STATE‑Respondent
Primary Law Penal Code (XLV of 1860)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1968 PLP (1) (SCMR)?

This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1968 PLP (1) (SCMR)?

The case was heard and decided by the High Court bench comprising: N/A.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1968 PLP (1) (SCMR) (SARWAR AND OTHERS‑Petitioners Versus THE STATE‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Penal Code (XLV of 1860)

Representation

  • Syed Jamil Hussain Rizvi, Senior Advocate Supreme Court (Aziz‑ud‑Din Advocate Supreme Court with him) instructed by Abdul Karim Sheikh, Attorney for Petitioners.
  • Date of hearing : 21st June 1968.

Headnotes / Summary

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 17th January 1968, in Criminal Appeal No. 456 of 1966.)

S. 302‑Conviction of three accusedHigh Court on appeal by state enhancing sentence of two accused from transportation for life to one of extreme penalty of death‑Two accused thus having right of appeal to Supreme Court under Art. 58(2) of Constitution, Special Leave to Appeal also granted to third accused his case being not distinguishable from that of the other two accused. Nemo for the State. ORDER MUHAMMAD YAQUB ALI, J.‑The High Court has on appeal by the State enhanced the sentences of transportation for life awarded to Iftikhar and Usman, petitioners Nos. 2 and 3, by the trial Judge to the extreme penalty of death under section 302/34, P. P. C. They, accordingly, have a right of appeal to this Court under Article 58 of the Constitution. The case of Sarwar, petitioner No. 1, is not distinguishable from the case of the petitioners 2 and 3. Leave to appeal is, accordingly, granted to all the three petitioners. Leave granted.

Judgment & Decree

MUHAMMAD YAQUB ALI, J.‑The High Court has on appeal by the State enhanced the sentences of transportation for life awarded to Iftikhar and Usman, petitioners Nos. 2 and 3, by the trial Judge to the extreme penalty of death under section 302/34, P. P. C. They, accordingly, have a right of appeal to this Court under Article 58 of the Constitution. The case of Sarwar, petitioner No. 1, is not distinguishable from the case of the petitioners 2 and

3. Leave to appeal is, accordingly, granted to all the three petitioners. Leave granted.