2011 SCMR 1444 (PLP)
ZIA alias AHMI — Petitioner Versus THE STATE — Respondent
| Citation | 2011 SCMR 1444 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sardar Muhammad Raza Khan, Mian Hamid Farooq and Syed Zawwar Hussain Jaffery, JJ |
| Parties | ZIA alias AHMI — Petitioner Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2011 SCMR 1444 (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 SCMR 1444 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sardar Muhammad Raza Khan, Mian Hamid Farooq and Syed Zawwar Hussain Jaffery, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 SCMR 1444 (PLP) (ZIA alias AHMI — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian M. Mudassar Bodla, Advocate Supreme Court for Petitioner.
- Date of hearing: 29th April, 2009.
- Mian Ghulam Hussain, Advocate-on-Record for the Complainant.
Headnotes / Summary
(Against the judgment dated 2-7-2008 passed by Lahore High Court, Lahore in Criminal Appeal 151 of 2001 and Murder Reference No. 167 of 2001).
Ss.302 & 338-E
Criminal Procedure Code (V of 1898), S.345(2)
Constitution of Pakistan, Art 185(3)
Parties had entered into compromise, the genuineness whereof had been ascertained by the Trial Court
Deceased had a minor daughter and minor son and Defence Saving Certificates in favour of both of them worth Rs. 3,90,000 were purchased
Incharge National Savings Centre concerned was directed not to encash the said Defence Saving Certificates, unless the minors, after attaining majority, produced a certificate from the Court of Guardian Judge concerned
Compromise being genuine, was accepted under S.345(2), Cr.P.C., read with S.338-E, P.P.C.
Compromise and petition after conversion into appeal, were accepted
Impugned judgment of High Court was set aside and accused was acquitted of the charge and was directed to be released. Mian Ghulam Hussain, Advocate-on-Record for the Complainant. Irshad Hussain Bhatti, D.P.-G. for the State.
Judgment & Decree
SARDAR MUHAMMAD RAZA KHAN, J.
In the instant case, Zia alias Ahmi has been convicted under section 302, P.P.C. for the commission of murder of Mst. Shehnaz Bibi and sentenced to death.
2. Parties have entered into compromise, the genuineness whereof has been ascertained by the learned District and Sessions Judge, Pakpattan Sharif. Under the directions of this Court, the learned Sessions Judge after having examined the legal heires of Mst. Shahnaz Bibi and other elders of the locality has submitted his report No. 273-SJ dated 21-4-2009 and has declared that the compromise is genuine.
3. The deceased had a minor daughter-Kiran Shaheen and a minor son-Sajjad Hussain. Defence Savings Certificates in their favour have been purchase as follows: -- Sajjad Hussain (Minor Son) (i) KB711835 Rs. 100,000 (ii) KB711836 Rs. 100,000 (iii) JA813774 Rs. 50,000 (iv) 14E706862 Rs. 10,000 Total Rs. 2,60,000 Kiran Shaheen (Minor Daughter) (i) KB711837 Rs. 100,000 (ii) HE706863 Rs. 10,000 (iii) HE706864 Rs. 10,000 (iv) HE706865 Rs. 10,000 Total Rs. 1,30,000 The photocopies of the above Defence Savings Certificate shall be retained on the file of this Court. Officer Incharge, National Savings Centre-2, Sahiwal is directed not to encash the above Defence Savings Certificates unless the minors, after attaining majority, produce a certificate from the Court of Guardian Judge concerned. Whereas the compromise is genuine, therefore, it is accepted under section 345(2), Cr.P.C. read with section 338-E, P.P.C. On acceptance of such compromise Criminal Miscellaneous Application No. 86-L of 2009 in Criminal Petition No. 294-L of 2008, after conversion into appeal, is accepted. The impugned judgment dated 2-7-2008 of the High Court is set aside and the petitioner Zia alias Ahmi son of Maqbool Ahmed is hereby acquitted of the charge under section 302, P.P.C. If not required to be detained in any other cause, he is directed to be released forthwith. H.B.T./Z-3/SC Petition/Appeal accepted.