1990SCMR1268 (PLP)
MUHAMMAD IQBAL and 3 others‑‑‑Petitioners Versus THE STATE‑‑‑Respondent
| Citation | 1990SCMR1268 (PLP) |
| Forum / Court | High Court |
| Bench Members | Shafiur Rahman, Abdul Qadeer Chaudhry and |
| Parties | MUHAMMAD IQBAL and 3 others‑‑‑Petitioners Versus THE STATE‑‑‑Respondent |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 1990SCMR1268 (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990SCMR1268 (PLP)?
The case was heard and decided by the High Court bench comprising: Shafiur Rahman, Abdul Qadeer Chaudhry and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990SCMR1268 (PLP) (MUHAMMAD IQBAL and 3 others‑‑‑Petitioners Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M.Munir Peracha, Advocate Supreme Court and Ch.Akhtar Ali, Advocate‑on‑Record for Petitioners.
- Date of hearing: 6th May, 1990.
Headnotes / Summary
(Against the judgment and order of the Lahore High Court, Rawalpindi Bench, Rawalpindi, dated 18‑1‑1989 in Crl. Appeal No.l of 1986). ‑‑‑‑Ss.302/34 & 323/34‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Deceased had received one stab wound on the chest and incised scratch on the back of left hand which were caused by sharp‑edged weapon, rest of the injuries were caused by blunt object‑‑‑Injured witness had received two lacerated wounds and four abrasions, all simple in nature‑‑‑Leave to appeal was granted to consider inter alia whether element, of common intention had arisen in the case so as to attract the provision of S.34, P.P.C. Nemo for the State.
Judgment & Decree
ABDUL QADEER CHAUDHRY, J.‑‑‑Leave to appeal is sought against the judgment dated 18‑1‑1989 of the Lahore High Court, Rawalpindi Bench, Rawalpindi.
2. The facts, in brief, are that it is alleged that on 1‑1‑1983 the petitioners alongwith the co‑accused armed with Sotis, Chhura and Revolver, attacked Javed Iqbal and Pervaiz Iqbal and caused them injuries with their respective weapons. Javed Iqbal died on 5‑1‑1983. The learned Sessions Judge convicted the petitioners under Section 302/34 P.P.C. and imposed the sentence of death and fine of Rs.5,000 or in default to suffer R.I. for one year. He also convicted them under Section 323/34 P.P.C. and each of them was sentenced to one year's R.I. The High Court maintained the conviction under Sections 302 and 323 PPC. but the sentence of death was altered to that of life imprisonment. The fine in case of Muhammad Iqbal was enhanced to Rs.15,000 and in case of other petitioners, it was reduced to Rs.3,000 each. According to the medical evidence the deceased Javed Iqbal had received one stab wound on the chest and incised scratch on the back of left hand which were caused by sharp‑edged weapon. The rest were caused by blunt object. The injured Pervaiz Iqbal received two lacerated wounds and four abrasions, all simple in nature. The point for consideration is inter alia whether the element of common intention arises in this case so as to attract the provision of Section 34 P.P.C. Leave is granted. N.H.Q./M‑1380/S Leave granted.