1995 P Cr (PLP)
MUHAMMAD HUSSAIN and others — Petitioners Versus THE STATE — Respondent
| Citation | 1995 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD HUSSAIN and others — Petitioners Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1995 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 P Cr (PLP) (MUHAMMAD HUSSAIN and others — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- M. Aslam Chatha for Petitioners. Syed Ali Raza for the State.
Headnotes / Summary
S. 382-B
Penal Code (XLV of 1860), S.302/148/149
Sentences of death and imprisonment for life awarded to accused by trial Court were upheld by High Court as well as by Supreme Court
Sentences of death had, however, been commuted to imprisonment. for life due to Presidential Order of Amnesty
Benefit of S.382-B, Cr.P.C. was allowed to accused by High Court on their application.
Judgment & Decree
RAJA AFRASIAB KHAN, J.
Muhammad Aslam Dogar and 19 others were tried by the learned Additional Sessions Judge, Sahiwal in a case registered against them under section 302/148/149, P.P.C. The learned trial Judge convicted the appellants, Muhammad Mansha and 10 others (Criminal Appeal No.208 of 1985) and Muhammad Hussain and 4 others (Criminal Appeal No.211 of 1985) on 24-11-1985. However, Barkat Ali, Meraj Din and Muhammad Ishaque were acquitted vide the same judgment. Muhammad Hussain, and Haji Muhammad were sentenced to death while Shah Bahram and Muhammad Sarwar were sentenced to imprisonment for life. The above referred appeals of the convicts were dismissed by a learned Division Bench of this Court on 5-3-1989 and in consequence, the death sentences awarded to Muhammad Hussain and Haji Muhammad were confirmed. The convicts further challenged their conviction and sentences before the Honourable Supreme Court of Pakistan by filing Criminal Appeal No.227 of 1990 and Criminal Appeal No.228 of 1990. The appeals were dismissed having no force. Nevertheless, an observation was made by the Honourable Supreme Court in its judgment dated 14-4-1994 that: "From the jail appeal, it appears that the sentence of death has been commuted to life imprisonment on account of Presidential Order of Amnesty."
2. This Criminal Miscellaneous No.121/M of 1994 has been moved by the petitioners, Muhammad Hussain, Shah Behram, Muhammad Sarwar and Haji Muhammad, for grant of relief under section 382-B, Cr.P.C. The learned State counsel does not oppose the relief asked for by the petitioners in these proceedings. In support of his plea, the learned counsel has relied upon Abdul Malik v. The State 1991 S C M R
270. In the referred case, benefit under section 382-B Cr.P.C. was allowed to the convicts by the learned Supreme Court in almost under similar circumstances. This being so, respectfully following the judgment of the Honourable Supreme Court, referred to above, benefit under section 382-B, Cr.P.C. shall be given to the petitioners as well. With this observation, the criminal miscellaneous application is allowed. N.H.Q./M-1821/L Petition allowed