1990 PLP 1392 (SCMR)
KHAIR MUHAMMAD and others‑‑Petitioner Versus MUHAMMAD ASLAM and 5 others‑‑Respondents
| Citation | 1990 PLP 1392 (SCMR) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | KHAIR MUHAMMAD and others‑‑Petitioner Versus MUHAMMAD ASLAM and 5 others‑‑Respondents |
| Primary Law | Penal Code (XLV of 1860)‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 1392 (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 1392 (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: 1990 PLP 1392 (SCMR) (KHAIR MUHAMMAD and others‑‑Petitioner Versus MUHAMMAD ASLAM and 5 others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Muhammad Khan Awan, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner (in Criminal Petition No.188 of 1980).
- M.B. Zaman, Senior Advocate Supreme Court and Ijaz Ali Sheikh, Advocate‑on‑Record for Petitioner (in Criminal Petition No.211 of 1986).
- Nemo for Respondents (in Criminal Petition No.188 of 1986).
- Kh. Saeedul Hasan, Advocate Supreme Court and Rao M. Yousaf Khan, Advocate‑on‑Record for Respondent (in Criminal Petition No.211 of 1986).
- Date of hearing: 18th June, 1989.
Headnotes / Summary
(From the judgment of the Lahore High Court dated 10‑5‑1986 in Criminal Appeal Nb9tK)/1980 and Murder Reference No.184 of 1980). ‑‑‑Ss.302/149 & 148‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Three persons from complainant side and one from accused side were murdered‑‑‑High Court in appeal commuted death sentence of four accused to imprisonment for life and acquitted one accused‑‑‑Leave to appeal was granted for re‑appraisal of evidence to examine whether reasons given by High Court were in accordance with the principles governing the administration of criminal justice.
Judgment & Decree
GHULAM MUJADDID, J.‑‑Two separate petitions for leave to appeal have been filed against the judgment of the Lahore High Court dated 10‑3‑1986‑ one by Khair Muhammad first informant, the other by Muhammad Aslam and five others. In the former (Criminal Petition No.188 of 1986) the grievance is that appellate Court was not justified in commuting the death sentence of respondents 1 to 4 to imprisonment for life and acquitting Muhammad Ashraf respondent No.6. In the latter (Cr.P.211 of 1986), the convicts have prayed for acquittal. We have heard learned counsel appearing in both the petitions. Three persons were murdered from the complainant side and one was killed from the accused. It is a 6t case for re‑appraisal of evidence so as to examine as to whether the reasons given by the High Court were in accordance with the principles governing the administration of criminal justice. Leave is accordingly granted, in both the petitions. Non‑bailable warrants to issue against Muhammad Ashraf. The other respondents shall not be released after the expiry of their sentence pending disposal of the appeals. N.H.Q./K‑127/S Leave granted.