1988 PLP 108 (SCMR)
AZHAR HAIDER SHAH — Petitioner Versus THE STATE — Respondent
| Citation | 1988 PLP 108 (SCMR) |
| Forum / Court | ---S. 302--Sentence, reduction of--Minor age--Mitigating circumstances--Age of accused at time of occurrence was about 13/14 years--Sentence reduced from death to that of imprisonment for life.- Sentence--Age. |
| Bench Members | Aslam Riaz Hussain and Javid Iqbal, JJ |
| Parties | AZHAR HAIDER SHAH — Petitioner Versus THE STATE — Respondent |
| Primary Law | (a) Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 1988 PLP 108 (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 108 (SCMR)?
The case was heard and decided by the ---S. 302--Sentence, reduction of--Minor age--Mitigating circumstances--Age of accused at time of occurrence was about 13/14 years--Sentence reduced from death to that of imprisonment for life.- Sentence--Age. 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 108 (SCMR) (AZHAR HAIDER SHAH — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Agha Taj Mohammad, Advocate Supreme Court instructed by Syed Abul Aasim Jaafri, Advocate-on-Record for Petitioner.
- Date of hearing: 26th October, 1987.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 19th November, 1985 in Criminal Appeal No. 454 of 1984 and Murder Reference No. 86 of 1984) .
S. 302--Sentence, reduction of--Minor age--Mitigating circumstances--Age of accused at time of occurrence was about 13/14 years--Sentence reduced from death to that of imprisonment for life.- [Sentence--Age]. (b) Penal Code (XLV of 1860)
S. 302--Constitution of Pakistan (1973), Art. 185(3)--Conviction of accused under 5.302, P.P.C. based on ocular testimony of three eye-witnesses, medical evidence and recovery of blood-stained crime weapon--Plea that accused was falsely implicated and eye-witnesses had made contradictory statements, repelled--No case having been made out for grant of leave, petition dismissed. Nemo for the State.
Judgment & Decree
JAVID IQBAL, J.--This petition for leave to appeal has been filed by Azhar Haider Shah petitioner who was convicted under section 302 and sentenced to death plus fine by the trial Court. On appeal the conviction was maintained but the sentence was reduced from death to that of imprisonment for life because the age of the petitioner at the time of occurrence was about 13/14 years. The sentence of fine was also reduced. The deceased in this case is Zahir Ali Shah. The motive was that the deceased had quarreled with the petitioner about 11 months prior to the present occurrence. The occurrence took place at 9-15 p.m. on 11th May, 1983 in Aziz Colony Shahdara. The F.I.R. was lodged at Police Station Shahdara within three hours. The petitioner was arrested the next day and at his instance was recovered human blood-stained Chhuri. There are three eye-witnesses of the occurrence who have been relied upon. According to the prosecution story on the fateful day the petitioner entered the house of one Mubarak Ali Shah where the deceased was watching TV alongwith the other eye-witnesses. Soon after the arrival the petitioner started inflicting Chhuri blows to the deceased who was later taken to Mayo Hospital, Lahore but died on reaching the hospital. According to the medical evidence the deceased had six incised and stab wounds on his person which had damaged his lungs, liver and kidneys. Learned counsel attempted to argue that the petitioner had been falsely implicated in this case and that the eye-witnesses had made contradictory statements. After careful perusal of the record we are of the considered opinion that no case is made out for the grant of leave in this case. As a result this petition is dismissed. M . I . / A-121 / S Petition dismissed.