1989SCMR993 (PLP)
MUHAMMAD JAMIL alias KALA — Petitioner Versus THE STATE — Respondent
| Citation | 1989SCMR993 (PLP) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah and Ali Hussain Qazilbash, JJ |
| Parties | MUHAMMAD JAMIL alias KALA — Petitioner Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 1989SCMR993 (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR993 (PLP)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR993 (PLP) (MUHAMMAD JAMIL alias KALA — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ijaz Hussain Batalvi, Senior Advocate Supreme Court, MA. Zafar, Advocate Supreme Court with Manzoor Elahi, Advocate-on-Record for Petitioner.
- Date of hearing: 7th February, 1989.
- Ijaz Hussain Batalvi, Senior Advocate Supreme Court, MA. Zafar, Advocate Supreme Court with Manzoor Elahi, Advocate‑on‑Record for Petitioner.
Headnotes / Summary
(From the judgment of the Lahore High Court, Lahore, dated 30-6-1987 passed in Criminal Appeal No.301 of 1985 and Murder Reference No.136 of 1985).
S, 302--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal was granted to examine whether any circumstance existed to warrant reduction in the sentence of accused in view of certain observations of the Trial Court which were alleged to have been dealt with by High Court in a most slipshod manner causing miscarriage of justice. Nemo for the State.
Judgment & Decree
ALI HUSSAIN QAZILBASH, J.‑‑This is a petition for leave to appeal against the judgment of a learned Division Bench of the Lahore High Court, dated 30‑6‑1987.
2. The learned counsel in this case has pressed the petition for reduction of the sentence of the petitioner. In this respect he has heavily relied upon the following observations of the learned trial Court: "The accused are not alleged to have a motive against the deceased on this score. Whichever of the two versions forming part of the story to be true, the fact remains that till this assembly in front of the shop of the deceased, the accused had no motive against him. On the other hand it can safely be stated that there was admittedly some bad feeling between the accused and P.W.9 Chand and both the parties had to be assembled there for conciliatory efforts. It was through this effort that an altercation and an exchange of abuses took place which necessitated an intervention by the deceased. It was at this stage that he was fatally injured. From the perusal of the record it appears that so far as the deceased is concerned, it was not an offence which was motivated. Rather it was at the spur of the moment that the occurrence as regards him took place." and submitted that the learned Judges in the High Court obviously did not apply their mind to the question of sentence properly rather they dealt with the matter in a most slipshod manner and therefore miscarriage of justice.
3. After considering the arguments of the learned counsel in the light of the evidence, leave is granted to examine whether any circumstance exists to warrant‑‑reduction in the sentence of the petitioner. M.BA./M‑746/S Leave granted.