1990 SCMR 1401 (PLP)
GHULAM RASOOL‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1990 SCMR 1401 (PLP) |
| Forum / Court | High Court |
| Bench Members | Ghulam Mujaddid and Saad Saood Jan, JJ |
| Parties | GHULAM RASOOL‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Penal Code (XLV of 1860)‑‑ |
Q1: What are the key laws and sections cited in 1990 SCMR 1401 (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 SCMR 1401 (PLP)?
The case was heard and decided by the High Court bench comprising: Ghulam Mujaddid and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 SCMR 1401 (PLP) (GHULAM RASOOL‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
(From the judgment dated 22‑12‑1985 of the Lahore High Court, Bahawalpur Bench, Bahawalpur in Criminal Appeal No.17 of. 1984‑BWP and Murder Reference No. 12 of 1984). ‑‑‑Ss.302 & 307‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Overwhelming evidence, both direct as well as indirect, was present against accused who was apprehended at the spot and blood‑stained weapon (Kassi) used for the crime was also taken into possession there and then‑‑‑Petition for leave to appeal was accordingly dismissed being without merit.
Judgment & Decree
GHULAM MUJADDID, J.‑‑‑Ghulam Rasool has petitioned through jail for leave to appeal against the judgment of the Lahore High Court Bahawalpur Bench, Bahawalpur, dated 22‑12‑1985. It is barred by fifty‑five days. I have ignored the delay in order to make sure whether the petitioner has a case on merits. It is not so. On 3‑6‑1981 at about morning prayers time, Ghulam Rasul disposed of his wife Mst. Naziran and mother‑in‑law, Mst. Azizan in his house and caused injuries to Muhammad Matloob, paramour of his wife, in the dera of Matloob situated in Chak No.31/3‑R Tehsil Haroonabad District Bahawalnagar. He was tried by the Additional Sessions Judge, Bahawalnagar who found him guilty.‑He was sentenced to death for the double murder with fine of Rs.1,000 or in default one year R.I. For causing injuries to Muhammad Matloob, he was sentenced to ten years' R.I. and fine of Rs.10,000, or in default two years' R.I. On appeal and reference, the High Court altered the sentence for the murder of his wife from death to imprisonment for life but upheld the rest of the conviction and sentence under sections 302 and 307, P.P.C. There is overwhelming evidence against the petitioner‑‑both direct as well as indirect. He was apprehended at the spot. The blood‑stained weapon (Kassi) used for the crime was also taken into possession there and then. He should thank Almighty for saving him from gallows. For the murder of his wife the High Court commuted the death sentence. With regard to the other murder, the Presidential Order dated 6‑12‑1988 of general amnesty to the condemned prisoners came to his rescue. There is no merit in this petition. I would, therefore, dismiss the same. SAAD SAOOD JAN, J.‑‑I agree. Leave refused; Petition dismissed. N.H.Q./G‑251/S Leave refused.