1988 PLP 470 (SCMR)
KHAN MUHAMMAD — Petitioner Versus AMIR — Respondent
| Citation | 1988 PLP 470 (SCMR) |
| Forum / Court | ---S.302--Limitation Act (IX of 1908), S.5--Constitution of Pakistan (1973), Art.185(3)-- Limitation--Time-barred jail petition--Condonation of delay--Convictions under S.302, P. P. C. and sentences of imprisonment for life--Jail petition for leave to appeal barred by 20 days--Delay condoned in view of long sentences imposed on convicts and petition disposed of on merits.--Sentence. |
| Bench Members | Nasim Hasan Shah, S.A. Nusrat and Ali Hussain Qazilbash, JJ |
| Parties | KHAN MUHAMMAD — Petitioner Versus AMIR — Respondent |
| Primary Law | (a) Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 1988 PLP 470 (SCMR)?
This judgment primarily cites: (a) Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 470 (SCMR)?
The case was heard and decided by the ---S.302--Limitation Act (IX of 1908), S.5--Constitution of Pakistan (1973), Art.185(3)-- Limitation--Time-barred jail petition--Condonation of delay--Convictions under S.302, P. P. C. and sentences of imprisonment for life--Jail petition for leave to appeal barred by 20 days--Delay condoned in view of long sentences imposed on convicts and petition disposed of on merits.--Sentence. bench comprising: Nasim Hasan Shah, S.A. Nusrat and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 470 (SCMR) (KHAN MUHAMMAD — Petitioner Versus AMIR — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Saeed Hussain, Senior Advocate Supreme Court, S. Farooq Hussain Naqvi, Advocate Supreme Court, with Mahmood A. Qureshi, Advocate-on-Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 25th November, 1987.
Headnotes / Summary
(On appeal from the judgment dated 20-3-1984 of the Lahore High Court, Lahore in Criminal Revision No.99 of 1981).
S.302--Limitation Act (IX of 1908), S.5--Constitution of Pakistan (1973), Art.185(3)-- Limitation--Time-barred jail petition--Condonation of delay--Convictions under S.302, P. P. C. and sentences of imprisonment for life--Jail petition for leave to appeal barred by 20 days--Delay condoned in view of long sentences imposed on convicts and petition disposed of on merits.--[Sentence]. (b) Penal Code (XLV of 1860)
S.302--Constitution of Pakistan (1973), Art. 185(3) Convictions under S.302, P.P.C. and sentences of imprisonment for life, challenged- -Supreme Court after hearing arguments and perusal of record, felt satisfied that petitioners were rightly convicted and sentences imposed upon them were legal and appropriate--Leave to appeal refused. (c) Penal Code (RLV of 1860)
S.302--Constitution of Pakistan (1973), Art. 185(3)--Sentence- Enhancement of--Petitioner convicted under S5.302, P.P.C. High Court's order altering his death sentence to imprisonment for life, challenged--Supreme Court after hearing arguments and perusing record, held, that although the lesser sentence imposed on petitioner by High Court appeared to border on generosity but being a legal sentence, Supreme Court was not inclined to interfere with it--Leave to appeal refused.
Judgment & Decree
NASIM HASAN SHAH, J.--This order will dispose of Criminal Petition for Special Leave to Appeal No.134 of 1984 and Jail Petition for Special Leave to Appeal No.32-R of 1984, as both are directed against one and the same judgment of the High Court dated 20th March, 1984.
2. The High Court by the aforesaid judgment had upheld the conviction of Amir son of Ghulam Muhammad and Muhammad Nawaz son of Jan Muhammad under section 302, P.P. C. and while maintaining the sentence of life imprisonment passed against Muhammad Nawaz reduced the sentence of death passed against Amir by the trial Judge to a sentence of imprisonment for life. The complainant Khan Muhammad has challenged by this petition (Criminal Petition No.134 of 1984) the lesser sentence imposed on the two respondents. The convicts Amir son of Ghulam Muhammad and Muhammad Nawaz son of Jan Muhammad have, on the other hand, challenged their conviction and sentence by a petition from Jail (Jail Petition No.32-R of 1984). The last mentioned petition is barred by 20 days but in view of the long sentence imposed on the convicts the delay is condoned and their petition is also being disposed of on merits.
3. We have heard Mr. Saeed Hassan, learned counsel for the complainant Khan Muhammad in Petition for Special Leave to Appeal No.134 of 1984 and have also perused the grounds of appeal submitted by the two convicts (in Jail Petition No.32-R of 1984).
4. After hearing the learned counsel and perusing the record we are satisfied that Amir and Muhammad Nawaz were rightly convicted under section 302, P.P.C. and although the lesser sentence imposed on Amir by the High Court appears to border on generosity but being a legal sentence we are not inclined to interfere with it. Mr. Saeed Hassan has rightly not pressed the petition for enhancement of the lesser sentence awarded to Muhammad Nawaz, as the sentence imposed upon him is the appropriate sentence. The result is that both the petitions fail and are dismissed herewith accordingly. M.I./K-39/S Petitions dismissed.