2002 PLP 1394 (SCMR)
HABIB AHMED ‑‑‑Petitioner Versus MUHAMMAD ASLAM alias LASHKAR‑‑‑Respondent
| Citation | 2002 PLP 1394 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Qazi Muhammad Farooq and Tanvir Ahmed Khan, JJ |
| Parties | HABIB AHMED ‑‑‑Petitioner Versus MUHAMMAD ASLAM alias LASHKAR‑‑‑Respondent |
Q1: What are the key laws and sections cited in 2002 PLP 1394 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 1394 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Qazi Muhammad Farooq and Tanvir Ahmed Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 1394 (SCMR) (HABIB AHMED ‑‑‑Petitioner Versus MUHAMMAD ASLAM alias LASHKAR‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Abdul Sattar Ali Chaudhry, Advocate Supreme Court and Sh. Salah‑ud‑Din, Advocate‑on‑Record for Petitioner.
- Nemo for Respondent
- Date of hearing: 14th February, 2002
Headnotes / Summary
(On appeal from the judgment dated 28‑6‑2001 of the Lahore High Court, Lahore, passed in Criminal Appeal No. 1181 of 1999 and Criminal Revision No.645 of 1999). Penal Code (XLV of 1860)‑‑‑ ‑‑‑‑S.302(b)‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Sentence‑‑ Normal sentence of death for the murder had been withheld by the Courts below for the reason that apart from certain other intriguing in circumstances the occurrence was not the result of pre‑concert‑‑‑Reason for awarding lesser sentence to accused was well‑founded‑‑‑No case for interference was made out‑‑‑Supreme Court declined leave to appeal to the complainant accordingly.
Judgment & Decree
QAZI MUHAMMAD FAROOQ, J.‑‑‑Petitioner Habib Ahmed has sought leave to appeal against the judgment, dated 28‑6‑2001 of a learned Judge in Chambers of the Lahore High Court whereby his Criminal Revision No.645 of 1999 was dismissed and the sentence of imprisonment for life awarded to the respondent Muhammad Aslam alias Lashkar by the learned trial Court in a murder case was maintained.
2. The respondent was convicted by the learned Additional Sessions Judge Gujranwala, vide judgment dated 21‑10‑1999, under section 302(b), P.P.C. for the murder of one Rashid Ahmed and sentenced to imprisonment for life, with benefit of section 382‑B, Cr.P.C. He was also directed to pay a sum of Rs.50,000 as compensation to the legal heirs of the deceased. The normal sentence of murder was withheld for the reason that apart from certain other intriguing circumstances the occurrence was not the result of pre‑concert.
3. We have heard the learned counsel for the petitioner and scanned the record. The reason for awarding lesser sentence is well‑founded and a case for interference is not trade out. This petition is, therefore, dismissed and leave declined. N.H.Q./H‑57/S Leave refused.