1988 PLP 1075 (SCMR)
AMIR HUSSAIN‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1988 PLP 1075 (SCMR) |
| Forum / Court | High Court |
| Bench Members | AsIam Riaz Hussain, Javid Iqbal and Saad Saood Jan, JJ |
| Parties | AMIR HUSSAIN‑‑Petitioner Versus THE STATE‑‑Respondent |
Q1: What are the key laws and sections cited in 1988 PLP 1075 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 1075 (SCMR)?
The case was heard and decided by the High Court bench comprising: AsIam Riaz Hussain, Javid Iqbal and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 1075 (SCMR) (AMIR HUSSAIN‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- M.B. Zaman, Senior Advocate Supreme Court, instructed by Ijaz Ali, Advocate‑ on‑Record for Petitioner.
- Date of hearing: 30th March,1988.
- Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for the Complainant/ Caveator.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, Lahore dated 20th July, 1987 in Criminal Appeal No.142 of 1983/Murder Reference No.54 of 1983). Penal Code (XLV of 1860)‑ ‑‑S.302‑‑Sentence‑‑Leave to appeal granted to consider question whether, when two persons fired at and killed another and deceased was only hit by one shot, can the murderers claim the benefit of lesser sentence under S.302, P.P.C. merely on the ground that one of them was a bad shot and missed the person at whom he is proved to have fired with intention to kill. 1985 .S C M R 181; P L D 1977 S C 446; 1984 S C M R 276 . And.1984 S C M R 169 ref. Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for the Complainant/ Caveator. Nemo for the State.
Judgment & Decree
ASLAM RIAZ HUSSAIN, J.‑‑Amir Hussain petitioner seeks leave to appeal against the judgment of the Lahore High Court, Lahore dated 20th July, 1987 dismissing his appeal in a case under section 302;1 P.P.C. The facts briefly are that Amir Hussain and Chan Pir are stated to have fired and killed Sakhawat Hussain Shah (deceased) at 7.30 a. m. on 8th of March, 1982. The trial Court convicted Amir Hussain petitioner under section 302, P.P.C. and sentenced him to death, but acquitted Chan Pir co‑accused.
2. Before us the learned counsel for the petitioner, relying on 1985 S C M R 181, P L D 1977 S C 446, 1984 S C M R 276 and 1984 S C M R 169, argued that since according to the prosecution both Amir Hussain and Chan Pir are stated to have fired at Sakhawat Hussain deceased and it cannot be said as to whose shot was fatal, therefore, Amir Hussain petitioner is entitled to the lesser sentence under section 302, P.P.C. The aforementioned authorities indeed A support his contention but what would also need consideration as to whether when two persons fired at and killed another, and the deceased is only hit by one shot, can the murderers claim the benefit of lesser sentence under section 302, P.P.C. merely on the ground that one of them was a bad shot and missed the person at whom he is proved to have fired with the intention to kill.
3. Leave is, therefore, granted to consider the questions mentioned in paragraph No.2, above. S.Q./A‑208/S Leave granted.