1984 PLP 1229 (SCMR)
MUHAMMAD ASHFAQ Petitioner Versus THE STATE — Respondent
| Citation | 1984 PLP 1229 (SCMR) |
| Forum / Court | ---Art. 185(3)-- Penal Code (XLV of 1860), S.302-- Murder--Sentence- Leave to appeal--Granted to consider whether, in view of young age (161 years), at time of incident, accused-petitioner was not entitled to lesser sentence. Sentence--Age. |
| Bench Members | Aslam Riaz Hussain, Abdul Kadir Shaikh and M.S.H.Quraishi, JJ |
| Parties | MUHAMMAD ASHFAQ Petitioner Versus THE STATE — Respondent |
| Primary Law | (a) Constitution of Pakistan (1973), (b) Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 1984 PLP 1229 (SCMR)?
This judgment primarily cites: (a) Constitution of Pakistan (1973), (b) Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1984 PLP 1229 (SCMR)?
The case was heard and decided by the ---Art. 185(3)-- Penal Code (XLV of 1860), S.302-- Murder--Sentence- Leave to appeal--Granted to consider whether, in view of young age (161 years), at time of incident, accused-petitioner was not entitled to lesser sentence. Sentence--Age. bench comprising: Aslam Riaz Hussain, Abdul Kadir Shaikh and M.S.H.Quraishi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1984 PLP 1229 (SCMR) (MUHAMMAD ASHFAQ Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hafiz S.A. Rehman, Advocate Supreme Court for Petitioner.
- Date of hearing: 26th March, 1984.
Headnotes / Summary
(Against the judgment of the Lahore High Court, Lahore, dated 1-8-1979, passed in Criminal Appeal No.610/1978).
Art. 185(3)-- Penal Code (XLV of 1860), S.302-- Murder--Sentence- Leave to appeal--Granted to consider whether, in view of young age (161 years), at time of incident, accused-petitioner was not entitled to lesser sentence. [Sentence--Age].
S.302--Murder--Sentence--Quantum--Accused, despite his young age, desperate person, assaulting his employer in his own house in most cruel and merciless manner, inflicting 13 dagger blows--Held, accused does not deserve any leniency and that he was rightly awarded sentence of death by trial Court.--[Sentence--Age]. Nemo for the State.
Judgment & Decree
Hafiz S.A. Rehman, Advocate Supreme Court for Petitioner. Nemo for the State. Date of hearing: 26th March, 1984. ASLAM RIAZ HUSSAIN, J.‑‑ This is an appeal by Muhammad Ashfaq appellant through Jail by the leave of this Court, granted on 18‑3‑1980.
2. He was tried and convicted for the murder of Muhammad Younis and sentenced to death by the learned trial Court. His appeal failed and the High Court confirmed his death sentence vide the impugned judgment. He filed a petition for leave to appeal through Jail and leave was granted on the question of sentence, i.e. considering whether in view of his age (16 years 6 months) at the time of the incident he is not entitled to lesser sentence.
3. The facts of the case as given in the F. I. R., briefly, are that Muhammad Younis (deceased) had set up a weaving factory at Sheikhupura Road in Faisalabad. Muhammad Ashfaq appellant was employed in the said factory. About a month prior to the occurrence the appellant and another laborer Muhammad Yaqoob fought with each other. The appellant beat Muhammad Yaqoob, upon which other laborers in the factory protested against his highhandedness and demanded his dismissal. The deceased, therefore, dismissed him. While going away; the appellant had threatened to take revenge.
4. Early in the morning on 29th of September, 1975 when Muhammad Younis (deceased) and his wife Mst. Sughran Bibi, were sitting in their house, Muhammad Ashfaq appellant arrived there with a Khanjar and made a merciless attack on Muhammad Younis giving him as many as 13 injuries, a number of which were on his chest and abdomen. The abdomen of the deceased was more or less cut open and his intestines came out. The accused then ran away. Muhammad Younis was at once rushed to the hospital where he succumbed to the injuries.
5. The accused was tried and convicted by the trial Court under section 302, P.P.C. and sentenced to death plus a fine of Rs.2,000 or in default to undergo further one year's R.I. As stated above his appeal before the High Court failed.
6. We have heard the learned counsel for the appellant on the question of quantum of sentence. In view of the facts and circumstances of this case we feel that despite his young age the appellant is a desperate person. He not only beat up another labourer in the factory but on action being taken against him for that act of aggression, he assaulted his employer Muhammad Younis in his own house in a most cruel and merciless manner, inflicting 13 dagger blows. We do not think he deserves any leniency and feel that he was rightly awarded the sentence of death by the trial Court. We, therefore, dismiss this appeal, as having no merit. S.Q. Appeal dismissed.