2002 PLP 479 (SCMR)
Hafiz MAHBOOB ELAHI — Petitioner Versus AHMAD KHAN alias KHANU and another — Respondents
| Citation | 2002 PLP 479 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Rashid Aziz Khan and Tanvir Ahmed Khan, JJ |
| Parties | Hafiz MAHBOOB ELAHI — Petitioner Versus AHMAD KHAN alias KHANU and another — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2002 PLP 479 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 479 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Rashid Aziz Khan 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 479 (SCMR) (Hafiz MAHBOOB ELAHI — Petitioner Versus AHMAD KHAN alias KHANU and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Yousuf Kazmi with Mehdi Khan Mehtab, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 2nd April, 2001.
Headnotes / Summary
(On appeal from the judgment, dated 27-11-2000 of the Lahore High Court, Lahore, passed in Criminal Appeal No.251 of 1995 with Murder Reference No. 107 of 1995).
S.302
Constitution of Pakistan (1973), Art. 185(3)
Death sentence awarded to the accused by the Trial Court was altered into imprisonment for life by the High Court in appeal
Complainant had filed petition for leave to appeal against the judgment of the High Court on the ground that it was a cold-blooded murder which warranted maximum penalty
Lesser sentence was awarded by the High Court on the ground that occurrence had taken place in a district where people normally carried guns and such-like' instances did take place there
Leave to appeal was granted by Supreme Court to consider as to whether the observations of the High Court could be treated as a mitigating circumstance for awarding lesser sentence.
Judgment & Decree
RASHID AZIZ KHAN, J.
Respondent No: 1, Ahmad Khan, with four others were tried for the murder of Maqsood Elahi. The trial Court vide its judgment dated 25-4-1995 convicted and sentenced Ahmad Khan respondent under section 302(b), Cr.P.C. to death with a direction to pay Rs.20,000 as compensation to the legal heirs of the deceased under section 544-A, Cr.P.C. and in default to suffer one year's S.I the remaining accused were given the benefit of doubt and were acquitted. The appeal filed by the respondent Ahmad Khan in the High Court also failed, However, his death sentence was altered to imprisonment for life with the benefit of section 382-B, Cr.P.C. The petitioner has impugned the said judgment as far as the question of sentence is concerned on the ground that it was a cold -blooded murder which warranted maximum penalty.
2. We have heard the learned counsel for the petitioner and with his assistance perused the tile of the case. We have noticed that lesser sentence was awarded only on the ground that occurrence had taken place in Mianwali District where people normally carry guns and such-like instances do take place. We grant leave to appeal to consider, can the above observation be treated as a mitigating circumstance for awarding lesser sentence. Notice to respondents. H.B.T./M-298/S Leave to appeal granted.