1990 PLP 339 (SCMR)
GHULAM HAIDER KHAN‑‑Petitioner Versus MUHAMMAD HAYAT and 3 others‑‑Respondents
| Citation | 1990 PLP 339 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, Ghulam Mujaddid |
| Parties | GHULAM HAIDER KHAN‑‑Petitioner Versus MUHAMMAD HAYAT and 3 others‑‑Respondents |
Q1: What are the key laws and sections cited in 1990 PLP 339 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 339 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, Ghulam Mujaddid.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 339 (SCMR) (GHULAM HAIDER KHAN‑‑Petitioner Versus MUHAMMAD HAYAT and 3 others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Dr. Khalid Ranjha, Advocate Supreme Court arid Mehmood A. Qureshi, Advocate‑on‑Record for Petitioner.
- Date of hearing: 20th June, 1989.
- Mian Khurshid Alam Ramey, Advocate Supreme Court and Rao Muhammad Yousaf Khan, Advocate‑on‑Record (absent) for the State.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court dated 26‑7‑1986 in Criminal Revision No. 84 of 1984 and Criminal Appeal No. 659 of 1983). (a) Penal Code (XLV of 1860)‑‑ ‑‑‑Ss.300, Exception 1, 304, Part I & 302‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Conviction‑‑‑Case was one of grave, and sudden provocation‑‑ Conviction under S.304, Part I, held, was proper. (b) Penal Code (XLV of 1860)‑‑ ‑‑‑Ss.304, Part I & 302‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Sentence, enhancement of‑‑‑Sister of accused having been molested by deceased who had become pregnant‑‑‑Petition for enhancement of sentence of 7 years under S.304, Part I, P.P.C. was dismissed in circumstances. Mian Khurshid Alam Ramey, Advocate Supreme Court and Rao Muhammad Yousaf Khan, Advocate‑on‑Record (absent) for the State. Nemo for the Remaining Respondents.
Judgment & Decree
(b) Penal Code (XLV of 1860)‑‑ ‑‑‑Ss.304, Part I & 302‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Sentence, enhancement of‑‑‑Sister of accused having been molested by deceased who had become pregnant‑‑‑Petition for enhancement of sentence of 7 years under S.304, Part I, P.P.C. was dismissed in circumstances. Dr. Khalid Ranjha, Advocate Supreme Court arid Mehmood A. Qureshi, Advocate‑on‑Record for Petitioner. Mian Khurshid Alam Ramey, Advocate Supreme Court and Rao Muhammad Yousaf Khan, Advocate‑on‑Record (absent) for the State. Nemo for the Remaining Respondents. Date of hearing: 20th June, 1989. MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought by the complainant side in a case of culpable homicide wherein Muhammad Hayat accused respondent was given the benefit of lesser offence and sentenced under section 304, Part I, P.P.C. on the finding of grave and sudden provocation. The other two accused/respondents were acquitted. Learned counsel has pressed the case only against Muhammad Hayat on two lines‑‑‑one, that he was guilty under section 302, P.P.C., and in the alternative in 4,ay case the sentence of 7 years' R.I. under section 304, Part I, P.P.C. should be enhanced. After hearing the learned counsel on merits we do not agree with him that it was not a case of sudden provocation‑‑he has agreed that it could though be grave. On the question of sentence also the sister of the accused having been molested by the deceased, she had become pregnant. In the circumstances of this case it is not a fit case to grant leave to appeal. The same, therefore, is refused. M.A.K./G‑215/S Petition dismissed.