1990SCMR1312 (PLP)
JAMALA and another‑‑‑Petitioners Versus THE STATE‑‑Respondent
| Citation | 1990SCMR1312 (PLP) |
| Forum / Court | High Court |
| Bench Members | S. Usman Ali Shah and Nasim Hasan Shah, JJ |
| Parties | JAMALA and another‑‑‑Petitioners Versus THE STATE‑‑Respondent |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 1990SCMR1312 (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990SCMR1312 (PLP)?
The case was heard and decided by the High Court bench comprising: S. Usman Ali Shah and Nasim Hasan Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990SCMR1312 (PLP) (JAMALA and another‑‑‑Petitioners Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Date of hearing: 8th April, 1984.
Headnotes / Summary
(From the Lahore High Court, Multan Bench, Multan, dated 27‑7‑1982 passed in Criminal Appeal No.694 of 1978 and Murder Reference No.216 of 1978). ‑‑‑‑Ss.302/149, 307/149, 148 & 452‑‑‑Constitution of Pakistan (1973), Art.185(3) ‑‑‑Occurrence took place in the house of deceased in which accused had brutally killed four persons including two ladies without any mitigating circumstances‑‑‑Case against accused had been fully proved beyond any shadow of doubt who did not deserve any leniency‑‑‑Petition for leave to appeal was dismissed in circumstances.
Judgment & Decree
‑‑‑‑Ss.302/149, 307/149, 148 & 452‑‑‑Constitution of Pakistan (1973), Art.185(3) ‑‑‑Occurrence took place in the house of deceased in which accused had brutally killed four persons including two ladies without any mitigating circumstances‑‑‑Case against accused had been fully proved beyond any shadow of doubt who did not deserve any leniency‑‑‑Petition for leave to appeal was dismissed in circumstances. Date of hearing: 8th April, 1984. S. USMAN ALI SHAH, J.‑‑‑Jamala petitioner in this jail petition alongwith his other co‑accused was convicted of the offence under sections 302/307/148/149/452, P.P.C. for the murder of 5 persons, namely; Saifal, Faiz Bakhsh, Khadim, Mst. Bakhshan and Mst. Saddan on 18‑7‑1973 and sentenced him and his co‑accused to death on each count under section 302/149, P.P.C. They were further convicted under section 148/149, P.P.C. to suffer 1 year's R.I. each and under section 307/149, P.P.C. for causing injuries to the P.Ws. and sentenced to one year's R.I. each. They were also convicted under section 452, P.P.C, for the house trespassing of the deceased and sentenced them each to six months' R.I, vide judgment dated 6‑4‑1978. In joint appeal before the High Court the death sentence of Jan Muhammad and Naseer co‑accused of the petitioner was commuted to life imprisonment on each count and Murder Reference to their extent was rejected, benefit of section 382‑B, Cr.P.C. was also extended to them. However, the death sentence awarded to the petitioner and his co‑accused Noora was confirmed vide order dated 27‑9‑1982. After perusal of the record and the judgment of the trial Court as well as the High Court have no doubt in my mind that the accused petitioner was rightly convicted and sentenced for the above‑mentioned murders. The occurrence took place in the house of the deceased in which the petitioner had brutally killed four persons including two ladies without any mitigating circumstances. Therefore, he does not deserve any leniency because the case against him has fully proved beyond any shadow of doubt. In my opinion this petition besides being time‑barred by 529 days, is without any merit and deserves dismissal. NASIM HASAN SHAH, J.‑‑I agree. Petition dismissed. N.H.Q./J‑77/S Petition dismissed.