1988 PLP 249 (SCMR)
MUHAMMAD AMIN and others — Petitioners Versus THE STATE — Respondent
| Citation | 1988 PLP 249 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain and Saad Saood Jan, JJ |
| Parties | MUHAMMAD AMIN 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 249 (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 249 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain 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 249 (SCMR) (MUHAMMAD AMIN and others — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Masud Akhtar, Advocate-on-Record for Petitioners.
- Date of hearing: 1st December, 1987.
Headnotes / Summary
(From the judgment, dated 1-6-1987 of the Lahore High Court passed in Criminal Appeal No. 560 of 1986).
Ss.302 & 304, Part I--Criminal Procedure Code (V of 1898), 5.382-B--Sentence, quantum of--Grave and sudden provocation- Benefit of 5.382-B, Cr.P.C. to accused--Accused convicted under 5.302/34, P.P.C. on two counts and sentenced to death--On appeal their convictions were altered to one under S.304, Part I, P.P.C. and sentences reduced to seven years imprisonment and fine on each count--Benefit of 5.382-B, Cr.P.C.--Accused having cruelly killed deceased, who were aged 20 and 16/17 years, under grave and sudden provocation when found them in a compromising position, sentences of imprisonment awarded to them by High Court, held, were not excessive--Benefit of provisions of 5.382-B, Cr.P.C. to accused refused in circumstances. Nemo for the State
Judgment & Decree
SAAD SAOOD JAN, J.--The petitioners alongwith two others were convicted by the Additional Sessions Judge at Kasur of two counts under section 302, read with section 34, of the Pakistan Penal Code for causing the death of Shaukat and Mst. Raj Bibi. The peti tioners were sentenced to death whereas the other two were sentenced to imprisonment for life. On appeal and reference the High Court acquitted the co-accused, converted the convictions of the petitioners to offences under section 304, Part-I, read with section34, and reduced-, their sentences to rigorous imprisonment for a period of seven years under each count. It also directed them to pay a fine of Rs.2,000 in respect of each charge. "
2. The only grievance of the petitioners before us is that in determining the quantum of sentences of imprisonment the High Court has omitted to notice the provision of Section 382-B, Criminal Procedure Code. It is to be noticed that the High Court had found that the petitioners had killed Shaukat and Mst. Raj Bibi under grave and sudden provocation when they found them in a compromising position. We have heard the learned counsel and also examined the record placed before us. Shaukat was 20 years of age while Mst. Raj Bib' was 16/17 years old at the time of occurrence. They were done to death cruelly. Even after taking into consideration the periods which the petitioners had spent in custody before their convictions, we do not think that the sentences of imprisonment awarded to them by the High Court are in any way excessive. Leave to appeal is refused. M.I./M-259/S Leave refused.