1990 PLP 292 (SCMR)
GHULAM MUSTAFA‑‑Petitioner Versus AKBAR KHAN and another‑‑Respondents
| Citation | 1990 PLP 292 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Javid Iqbal, Ghulam Mujaddid and |
| Parties | GHULAM MUSTAFA‑‑Petitioner Versus AKBAR KHAN and another‑‑Respondents |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 292 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 292 (SCMR)?
The case was heard and decided by the High Court bench comprising: Javid Iqbal, Ghulam Mujaddid and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 292 (SCMR) (GHULAM MUSTAFA‑‑Petitioner Versus AKBAR KHAN and another‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 11th April, 1989.
Headnotes / Summary
(From judgment of the Lahore High Court dated 7‑6‑1987 in Criminal Appeal No. 156 of 1985). ‑‑‑Ss. 302 & 304, Part II‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑High Court gave cogent reasons. for altering conviction of accused from S.302 to S.304, Part II, P.P.C. and exercised judicial discretion in accordance with law‑‑‑Judgment of High Court called for no interference‑‑‑Petition for leave to appeal against judgment of High Court was dismissed.
Judgment & Decree
‑‑‑Ss. 302 & 304, Part II‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑High Court gave cogent reasons. for altering conviction of accused from S.302 to S.304, Part II, P.P.C. and exercised judicial discretion in accordance with law‑‑‑Judgment of High Court called for no interference‑‑‑Petition for leave to appeal against judgment of High Court was dismissed. Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner. Nemo for Respondents. Date of hearing: 11th April, 1989. GHULAM MUJADDID, J.‑‑Grievance of Ghulam Mustafa petitioner seeking leave to appeal against the judgment of the Lahore High Court dated 7‑6‑1987. is that there was no legal justification in altering the conviction of the respondent who had been sentenced to imprisonment for life for the murder of Farooq which took place on 8‑7‑1982 at 7 a.m., from section 302, P.P.C to 304, Part 11, P.P.C. and thereby reducing the sentence of imprisonment for life to seven years' R.I. and fine Rs. 30,000 to Rs.5,
000. We have heard learned counsel for the petitioner and have also seen the judgment of the High Court and looked into the reason given for altering the conviction and sentence of the respondent. Learned Judge of the High Court was of the view that offence committed by the respondent fell within the ambit of section 304, Part II, P.P.C. He gave cogent reasons for that and thereby exercised his judicial discretion in accordance with law. We don't think the judgment of the High Court calls for any interference. The petition is hereby dismissed. M.A.K./G‑216/S Petition dismissed.