1988 PLP 415 (SCMR)
PIRAN DITTA alias PEERO and others — Petitioners Versus THE STATE — Respondent
| Citation | 1988 PLP 415 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain, Muhammad Afzal Zullah and Saad Saood Jan, JJ |
| Parties | PIRAN DITTA alias PEERO and others — Petitioners Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 1988 PLP 415 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 415 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain, Muhammad Afzal Zullah and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 415 (SCMR) (PIRAN DITTA alias PEERO and others — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Ibrahim and Shamim Akhtar (in person) and M.A. Qureshi Advocate-on-Record for Petitioners.
- Date of hearing: 22nd December. 1987.
- 3. It has been brought to our notice by the State Bank and the maternal grandfather of Mst. Shamim Akhtar, Muhammad Ibrahim that her name has been erroneously recorded in the judgment of this court as Mst. Nasim Fatima. The maternal grandfather has been identified by Mr.Mahmood Ahmad .Qureshi, Advocate--on-Record. Since this is a clerical mistake. the correction may be made in the judgment by substituting the name Mst. Shamim Akhtar for the name Mst. Nasim Fatima. Her date of birth is 9th August, 1973.
Headnotes / Summary
Ss. 302. 307, 148 & 149--Sentence of death--Compromise--Reduction in sentence-- Compensation--Matter having come to Supreme Court, parties entering into compromise in view of which sentence of death of accused reduced to imprisonment for life and in terms of said compromise an employee of the State Bank undertaking to pay Rs.500 per month to minor daughter of deceased woman--Name of minor girl having, through clerical mistake, been erroneously recorded in judgment of Supreme Court directed to be corrected as prayed for- Maternal grandfather of minor girl stating that her father had married again and in view of disability of the girl and her age, there was possibility that the compensation awarded to her might be squandered away without any benefit to her--State Bank, therefore, directed to place the deductions already made and to be made in future from the pay of the said employee in a Deposit Account which earned maximum amount of interest/profit and the same to be paid to the girl after her marriage and if she was already married after she attained the age of 18 years. Muhammad Akhtar, Asstt. A.-G. for the State.
Judgment & Decree
SAAD SAOOD JAN, J.--On 20-4-76 the mother of Mst. Shamim Akhtar was killed and the father was wounded. Consequent upon this incident, five persons were tried on charges under sections 302 and 307, read with sections 149, and 148 of the Pakistan Penal Code. One of them, namely Piran Ditta was sentenced to death and the other four were sentenced to imprisonment for life in addition to other sentences of imprisonment and fines. When the matter came to this Court, the parties entered into a compromise. In view of the compromise the sentence of Piran Ditta was also reduced to imprisonment for life: According to the terms of the compromise, Ghulam Hussain, an employee of the State Bank of Pakistan, undertook to pay Rs.500 per month to Mst. Shamim Akhtar till she attained the age of eighteen years. 2: In accordance with a direction given by this Court, the State Bank has been making deductions from the pay of Ghulam Hussain of the said amount since July, 1985. It may be mentioned that Mst. Shamim Akhtar is deaf and dumb.
3. It has been brought to our notice by the State Bank and the maternal grandfather of Mst. Shamim Akhtar, Muhammad Ibrahim that her name has been erroneously recorded in the judgment of this court as Mst. Nasim Fatima. The maternal grandfather has been identified by Mr.Mahmood Ahmad .Qureshi, Advocate--on-Record. Since this is a clerical mistake. the correction may be made in the judgment by substituting the name Mst. Shamim Akhtar for the name Mst. Nasim Fatima. Her date of birth is 9th August, 1973.
4. The State Bank of Pakistan has informed the Registrar of this Court that the deductions made from the pay of Ghulam Hussain have been placed in a separate non-interest bearing account pending correction of the name, non-production of guardianship certificate and proof of the date of birth of Mst. Shamim Akhtar. It is stated by the maternal grandfather of Mst. Shamim Akhtar that her father has married again. In view of the disability from which she suffers' and her age, there is a possibility that the compensation awarded to her might be squandered away without any benefit to her. We would therefore direct the State Bank to place the deductions already made and those that may be made in future from the pay of Ghulam Hussain in a Deposit Account which earns the maximum amount of interest/profit and that it could be paid to her after her marriage and if she is married while still a minor, after she attains the age of 18 years. Subject to all just exceptions customary maximum profit should also be paid by the Bank on the deductions already made. S.Q./P-25/S . Order accordingly.