1994 PLP 1262 (SCMR)
SARWAR KHAN and another‑‑‑Petitioners Versus THE STATE and 2 others‑‑‑Respondents
| Citation | 1994 PLP 1262 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Nasim Hasan Shah, CJ., Muhammad Rafiq Tarar and Manzoor Hussain Sial, JJ |
| Parties | SARWAR KHAN and another‑‑‑Petitioners Versus THE STATE and 2 others‑‑‑Respondents |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 1994 PLP 1262 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 1262 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Nasim Hasan Shah, CJ., Muhammad Rafiq Tarar and Manzoor Hussain Sial, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 1262 (SCMR) (SARWAR KHAN and another‑‑‑Petitioners Versus THE STATE and 2 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Aslam Ch., Advocate‑on‑Record for Petitioners (in Criminal Petition No.216/L of 1992).
- Muhammad Hanif Khatana, Advocate Supreme Court instructed by Tanvir Ahmed, Advocate‑on‑Record for Petitioners (in Criminal Petition No.237/L of 1992).
- M. Aslam Ch., Advocate‑on‑Record for Respondents No. 1 and 2 (in Criminal Petition No.237/L of 1992).
- Date of hearing: 6th December, 1993.
- Muhammad Hanif Khatana, Advocate Supreme Court for the Complainant (in Criminal Petition No.216/L of 1992).
- Rao Muhammad Yousaf Khan, Advocate‑on‑Record and Kh. Muhammad Asghar, Advocate Supreme Court for the State (in Criminal Petition No.216/L of 1992).
- Kh. Muhammad Asghar, Advocate Supreme Court and Rao Muhammad Yousaf Khan, Advocate‑on‑Record for the State (in Criminal Petition No.237/L of 1992).
Headnotes / Summary
(On appeal from the, judgment dated 24‑4‑1992 of the Lahore High Court, Lahore passed in Criminal Appeal No.793 of 1989/M.R.10 of 1990). ‑‑‑‑S. 302‑‑‑Criminal Procedure Code (V of 1898), S. 345‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Compromise‑‑‑Legal heirs of the deceased had forgiven the accused in the name of Almighty Allah and had no grievance against him‑‑‑Petition for leave to appeal was consequently converted into appeal and the accused was acquitted. Muhammad Hanif Khatana, Advocate Supreme Court for the Complainant (in Criminal Petition No.216/L of 1992). Rao Muhammad Yousaf Khan, Advocate‑on‑Record and Kh. Muhammad Asghar, Advocate Supreme Court for the State (in Criminal Petition No.216/L of 1992). Kh. Muhammad Asghar, Advocate Supreme Court and Rao Muhammad Yousaf Khan, Advocate‑on‑Record for the State (in Criminal Petition No.237/L of 1992).
Judgment & Decree
MUHAMMAD RAFIQ TARAR, J.‑‑‑Babar Khan father of Nasir Mahmood deceased is present. He affirms the compromise recorded in the order dated 23‑8‑1993 passed in the Chamber and states that he and other heirs of the deceased have forgiven the petitioner in the name of Almighty Allah and now they have no grievance against him. Consequently this petition is converted into appeal and allowed. The conviction and sentence of the appellant is set aside and he is acquitted of the charge. He shall be set at liberty forthwith if not required to be detained in any other case.
2. Criminal Petition No.237/L of 1992 filed by Babar Khan challenging acquittal of Muhammad Ashraf and Afzal Khan is dismissed as not pressed. N.H.Q./S‑828/S Compromise accepted.