1990 PLP 1283 (SCMR)
MUHAMMAD ANWAR‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 1990 PLP 1283 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Saad Saood Jan and Abdul Shakurul Salam, JJ |
| Parties | MUHAMMAD ANWAR‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 1283 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 1283 (SCMR)?
The case was heard and decided by the High Court bench comprising: Saad Saood Jan and Abdul Shakurul Salam, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 1283 (SCMR) (MUHAMMAD ANWAR‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑‑‑‑S.302‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Contentions of delay in lodging F.I.R. and involvement of accused on suspicion had been dealt with by the two Courts below‑‑‑Delay was properly explained being night occurrence and complainant being a lady had no male member to accompany her‑‑‑Question of mistaken identity did not arise as accused was brought up by the family‑‑‑Petition for leave to appeal was dismissed in circumstances.
Judgment & Decree
The, petitioner has been convicted under section 302, P.P.C. for having committed murder of his maternal‑uncle Aziz‑ur‑Rehman in the Kotha where he was asleep. The testimony is by the deceased's wife Mst.Munawar Jan (P.W. 6) who was also sleeping in the Kotha and by the deceased's son Pervaiz (P.W. 7) who was sleeping in the Verandah. Sher Zaman (P.W. 5) who was living in the vicinity deposed that he woke up hearing weeping of the lady and was appraised of the occurrence. The motive was that the petitioner demanded a sum of Rs.6,000 from the deceased, but the latter expressed his inability to supply the said sum at the dead of night. The occurrence had taken place on 12‑11‑1978. The petitioner was arrested on 4‑11‑1979 in another murder case. The absconsion was also taken note of. On the basis of the evidence on record, the learned Additional Sessions Judge‑II, Haripur, vide judgment dated 11‑11‑1986 convicted the petitioner under section 302, P.P.C. and sentenced him to imprisonment for life and fine of Rs.5,000, payable to the heirs of the deceased; in default to two years' rigorous imprisonment. On his appeal and revision for enhancement of sentence, the matter was taken up by the learned Division Bench of the Peshawar High Court; Abbottabad, and after reappraisal of the evidence, the learned Judges dismissed both the appeal and the revision vide order dated 4‑4‑1989. The plea taken is of delay in lodging of the F.I.R. and involvement on suspicion. It has been dealt with by the two Courts below. The delay was properly explained being night occurrence and the complainant being lady and no male accompanying her. The question of mistaken identity did not arise as the accused was brought up by the family. There is no merit in this petition. I would, therefore, dismiss the petition. SAAD SAOOD JAN, J: ‑‑I agree that the petition has no merit and should be dismissed. The petition is dismissed. N.H.Q./M‑1363/S Petition dismissed.