SCMR 1988

1988 PLP 1412(1) (SCMR)

ABDUL HAMID and 4 others — Petitioners Versus THE STATE — Respondent

Jurisdiction / Court
---S.302/149--Constitution of Pakistan (1973), Art. 185(3) Death sentence Reduction in--Compromise--Whether a mitigating circumstance--Leave to appeal granted to consider whether compromise arrived at between the parties constitutes a mitigating circumstance so as to reduce death sentence to imprisonment for life.- Compromise--Sentence.
Decided Date
Petition for Leave to Appeal No.132 of 1987, decided on 1st November, 1988.
Honorable Judges
Aslam Riaz Hussain and Javid Iqbal, JJ
Case Reference Summary (AEO Optimized)
Citation 1988 PLP 1412(1) (SCMR)
Forum / Court ---S.302/149--Constitution of Pakistan (1973), Art. 185(3) Death sentence Reduction in--Compromise--Whether a mitigating circumstance--Leave to appeal granted to consider whether compromise arrived at between the parties constitutes a mitigating circumstance so as to reduce death sentence to imprisonment for life.- Compromise--Sentence.
Bench Members Aslam Riaz Hussain and Javid Iqbal, JJ
Parties ABDUL HAMID and 4 others — Petitioners Versus THE STATE — Respondent
Primary Law Penal Code (XLV of 1860)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1988 PLP 1412(1) (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 1412(1) (SCMR)?

The case was heard and decided by the ---S.302/149--Constitution of Pakistan (1973), Art. 185(3) Death sentence Reduction in--Compromise--Whether a mitigating circumstance--Leave to appeal granted to consider whether compromise arrived at between the parties constitutes a mitigating circumstance so as to reduce death sentence to imprisonment for life.- Compromise--Sentence. bench comprising: Aslam Riaz Hussain and Javid Iqbal, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1988 PLP 1412(1) (SCMR) (ABDUL HAMID and 4 others — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Penal Code (XLV of 1860)

Representation

  • Qazi Muhammad Salim, Senior Advocate Supreme Court instructed by Tanvir Ahmad, Advocate-ors-Record for Petitioners.
  • Date of hearing: 1st November, 1987.
  • Qazi Muhammad Salim, Senior Advocate Supreme Court instructed by Tanvir Ahmad, Advocate‑ors‑Record for Petitioners.

Headnotes / Summary

(On appeal from the judgment and order of the Lahore High Court, Lahore dated 3rd March, 1987 in Murder Reference No.49 of 1984/Criminal Appeal No.62 of 1984).

S.302/149--Constitution of Pakistan (1973), Art. 185(3) Death sentence Reduction in--Compromise--Whether a mitigating circumstance--Leave to appeal granted to consider whether compromise arrived at between the parties constitutes a mitigating circumstance so as to reduce death sentence to imprisonment for life.- [Compromise--Sentence]. Nemo for the State.

Judgment & Decree

JAVID IQBAL, J.‑‑Learned counsel for the parties submit that the parties in this case have compromised and that therefore the death sentence awarded to Abdul Hamid petitioner under section 302 / 149, P . P . C . be reduced to life imprisonment. We grant leave to consider whether the compromise arrived at between the parties does or does not constitute a mitigating circumstance so as to reduce the death sentence in this case to imprisonment for life. The matter is adjourned to November, 1987 when as converted into an appeal it should be placed before and heard by three learned Judges of this Court so as to decide the appeal on the basis of the compromise. M.I./A‑239/S Leave granted.