1990 PLP 248 (SCMR)
GULISTAN KHAN and another‑‑Petitioners Versus THE STATE‑‑Respondent
| Citation | 1990 PLP 248 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Shafiur Rahman and Ali Hussain Qazilbash, JJ |
| Parties | GULISTAN KHAN and another‑‑Petitioners Versus THE STATE‑‑Respondent |
| Primary Law | Penal Code (XLV of 1860)‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 248 (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 248 (SCMR)?
The case was heard and decided by the High Court bench comprising: Shafiur Rahman and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 248 (SCMR) (GULISTAN KHAN and another‑‑Petitioners Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Rab Nawaz Khan Noon, Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioners.
- Date of hearing: 17th June, 1989.
Headnotes / Summary
(From the judgment of the Lahore High Court, Rawalpindi Bench, dated 7th March, 1989, passed in Criminal Appeal No. 182 of 1986). ‑‑‑Ss.304, Part II & 323/34‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑ Sentence‑‑‑Leave to appeal granted to consider whether the accused being nephews of main accused had acted under his influence, hence, extenuating circumstance did exist warranting reduction in sentence. Nemo for the State.
Judgment & Decree
Malik Rab Nawaz Khan Noon, Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioners. Nemo for the State. Date of hearing: 17th June, 1989. ALI HUSSAIN QAZILBASH, J: ‑Gulistan Khan and his brother Qamar Zaman petitioners and their uncle Sher Zaman were charged under section 302/34, P.P.C for the murder of Sardar Khan. After the trial, the three accused were convicted under section 304 Part II and section 323 read with section 34, P.P.C. by the Additional Sessions Judge, Rawalpindi, who vide his order dated 10‑1‑1980 sentenced them to ten years' R.I. each for the murder of Sardar Khan. They were also sentenced to one year's R.I. each for causing injuries to Muhammad Yousaf (P.W.7), Mst. Irshad Begum (P.W.8) and Mst. Anwar Jan (P.W.9). On appeal by the petitioners and Sher Zaman, the High Court vide its order dated 7‑3‑1989 maintained the conviction of the petitioners and Sher Zaman, it also did not interfere with the sentence of imprisonment awarded to the petitioners but reduced the sentence of Sher Zaman under section 304, Part II, P.P.C. one from 10 years to 5 years' R.I. A fine of Rs.10,000 or in default one year's R.I., was also imposed upon him.
2. In this petition for leave to appeal the petitioners have impugned the above order. We have heard the learned counsel for the petitioners in support of this petition. He has not been able to make out any case for our interference as to the conviction of the petitioners for the offences charged with. The same is, therefore, maintained.
3. As for the sentence, it has been strenuously urged that the main accused in the case was Sher Zaman and the petitioners being the nephews of the said Sher Zaman had acted under his influence, hence extenuating circumstance does exist, warranting the reduction in the sentence of the petitioners.
4. After hearing the learned counsel we grant leave to the petitioners to consider whether in. the circumstances they are entitled to the reduction in the sentence of imprisonment. M.A.K./G‑217/S Order accordingly.