1989 PLP 373 (SCMR)
ASHIQ ALI — Petitioner Versus THE STATE — Respondent
| Citation | 1989 PLP 373 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah and Ali Hussain Qazilhash, JJ |
| Parties | ASHIQ ALI — Petitioner Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 1989 PLP 373 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 373 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and Ali Hussain Qazilhash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 373 (SCMR) (ASHIQ ALI — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M.A. Zafar, Advocate Supreme Court Manzoor Elahi, Advocate-on- Record for Petitioner.
- Date of hearing: 15th October, 1988.
- M.A. Zafar, Advocate Supreme Court Manzoor Elahi, Advocate‑on- Record for Petitioner.
Headnotes / Summary
(Against the judgment of the Lahore High Court, dated 12-7-1987, passed in Criminal Appeal No. 546 of 1984 and Murder Reference No. 193 of 1984).
S. 302--Occurrence took place in daylight--Report was lodged within shortest possible time--Prosecution case was supported by eye-witnesses, motive, recovery of weapon of offence and medical evidence--Eye-version was consistent in accusing petitioner for commission of murder Conviction and sentence were, held, proper in circumstances. Nemo for the State
Judgment & Decree
‑‑‑S. 302‑‑Occurrence took place in daylight‑‑Report was lodged within shortest possible time‑‑Prosecution case was supported by eye‑witnesses, motive, recovery of weapon of offence and medical evidence‑‑Eye‑version was consistent in accusing petitioner for commission of murder Conviction and sentence were, held, proper in circumstances. M.A. Zafar, Advocate Supreme Court Manzoor Elahi, Advocate‑on- Record for Petitioner. Nemo for the State Date of hearing: 15th October, 1988. 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 12th July, 1987.
2. The petitioner was charged and tried by the learned Additional Sessions Judge, Faisalabad, under section 302, P.P.C. for the murder of Mubarik Ali and was convicted as such and sentenced to death with a fine of Rs. 5.1100 or in default to further undergo two years' R.I. The fine on realization was ordered to be paid to the heirs of the deceased. Benefit of section 382‑B, Cr. P.C. was allowed to him. On appeal in the High Court, his conviction under section 302, P.P.C. was maintained but the sentence was altered to imprisonment for life. The other sentences were, however, maintained.
3. We have heard the learned counsel' for the petitioner and have gone through the judgments of the Courts below. It is a daylight occurrence, the report of which was made within a shortest possible time, and the case of the prosecution is supported by the eye‑witnesses, the motive and the recovery of weapon of offence. It was alleged in the F.I.R. that the deceased was done to death by stabbing and this is fully supported by the medical evidence in that the deceased had as many as four stab injuries and two incised wounds on his body. The eye‑version account is consistent in accusing the petitioner for the commission of the murder and we think that the conviction is well‑founded and the sentence imposed upon the petitioner is proper in the circumstances of the case.
4. The petition is dismissed. M.A.K./A‑365/S Petition dismissed.