1987 PLP 277(1) (SCMR)
MUSHTAQ‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1987 PLP 277(1) (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain and Saad Saood Jan, JJ |
| Parties | MUSHTAQ‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Constitution of Pakistan (1973)‑‑, JUDGMENT |
Q1: What are the key laws and sections cited in 1987 PLP 277(1) (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑, JUDGMENT as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 277(1) (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 277(1) (SCMR) (MUSHTAQ‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Khalil‑ur‑Rehman, Advocate Supreme Court assisted by Hameed Aslam Qureshi, Advocate‑on‑Record for Petitioner.
- Date of hearing: 23rd December, 1986.
Headnotes / Summary
(On appeal from the order dated 9‑2‑1985 of the Lahore High Court in Criminal Appeal No. 588 of 1981). ‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), S. 302‑‑Appeal against conviction and sentence of death‑‑Conviction based on dying declaration‑‑No infirmity or mitigating circumstances pointed out‑‑Petition dismissed. Nemo for the State.
Judgment & Decree
(On appeal from the order dated 9‑2‑1985 of the Lahore High Court in Criminal Appeal No. 588 of 1981). ‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), S. 302‑‑Appeal against conviction and sentence of death‑‑Conviction based on dying declaration‑‑No infirmity or mitigating circumstances pointed out‑‑Petition dismissed. Ch. Khalil‑ur‑Rehman, Advocate Supreme Court assisted by Hameed Aslam Qureshi, Advocate‑on‑Record for Petitioner. Nemo for the State. Date of hearing: 23rd December, 1986. SAAD SAOOD JAN, J.‑‑This is a petition for special leave to appeal from the judgment dated 9‑2‑1985 of the Lahore High Court which confirmed the sentence of death awarded to the petitioner on his conviction under section 302 of Pakistan Penal Code for causing the death of Abdur Rashid deceased. The main evidence against the petitioner is the dying declaration which was recorded by a Magistrate. In this dying declaration the deceased named the petitioner as the person who had shot at him. After hearing the learned counsel for the petitioner we are not persuaded that this dying declaration suffers from any infirmity or that the deceased had any reason to falsely name the petitioner as the person who had fired at him. It was by itself sufficient to support the conviction of the petitioner on the charge under section
302. There are no mitigating circumstances in favour of the petitioner and in fact the learned counsel appearing for the petitioner did not) ever care to point out one. This petition is accordingly dismissed. M. I. Petition dismissed.