2007 PLP 1918 (SCMR)
Mst. RAZIA alias JIA and others — Petitioners Versus THE STATE — Respondent
| Citation | 2007 PLP 1918 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Khalil-ur-Rehman Ramday, Falak Sher and M. Javed Buttar, JJ |
| Parties | Mst. RAZIA alias JIA and others — Petitioners Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 2007 PLP 1918 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1918 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Khalil-ur-Rehman Ramday, Falak Sher and M. Javed Buttar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1918 (SCMR) (Mst. RAZIA alias JIA and others — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Aftab Ahmad Bajwa, Advocate Supreme Court with Tanvir Ahmad, Advocate-on-Record for Petitioners.
- Ch. Muhammad Anwar Khan, Advocate Supreme Court for Petitioner (in J.P. No.359 of 2003).
- Nemo for Respondent.
- We have heard M. Aftab Ahmad Bajwa, Advocate Supreme Court for Mst. Razia alias, Jia convict and Ch. Muhammad Anwar Khan, Advocate Supreme Court for Manzoor Ahmad convict. Manzoor convict was alleged to be the paramour of Mst. Razia petitioner and the two were accused of having murdered the husband of Mst. Razia i.e. Bashir Ahmad deceased. The ocular testimony comprised the statements of two children of Mst. Razia petitioner and Bashir deceased i.e. Naveed (P. W.3) and Naheed Akhtar (P. W.4). There is a finding of the learned trial Judge affirmed by the Honourable High Court that both the children were mature persons and their testimony was thus, reliable.
Judgment & Decree
We have heard M. Aftab Ahmad Bajwa, Advocate Supreme Court for Mst. Razia alias, Jia convict and Ch. Muhammad Anwar Khan, Advocate Supreme Court for Manzoor Ahmad convict. Manzoor convict was alleged to be the paramour of Mst. Razia petitioner and the two were accused of having murdered the husband of Mst. Razia i.e. Bashir Ahmad deceased. The ocular testimony comprised the statements of two children of Mst. Razia petitioner and Bashir deceased i.e. Naveed (P. W.3) and Naheed Akhtar (P. W.4). There is a finding of the learned trial Judge affirmed by the Honourable High Court that both the children were mature persons and their testimony was thus, reliable.
2. Two persons have been sentenced to death in these cases and we consider it appropriate to reappraise the evidence to ensure that the conviction. and punishments recorded against the said two petitioners had been validly recorded: Another question which would require examination would be the imposition of death penalty on Mst. Razia petitioner in view of the provisions of section 308 of the Pakistan Penal Code.
3. In this view of the matter, all these petitions i.e. Criminal Petition No.638-L, Jail petitions Nos.359 and 367 of 2003 are allowed and leave to appeal is granted in all these cases for the said purpose. The delay in filing these petitions is condoned. N.H.Q./R-8/SC Leave granted.