1990 PLP 287 (SCMR)
NOOR HUSSAIN‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1990 PLP 287 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, Ghulam Mujaddid |
| Parties | NOOR HUSSAIN‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Penal Code (XLV of 1860)‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 287 (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 287 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, Ghulam Mujaddid.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 287 (SCMR) (NOOR HUSSAIN‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Abul Aasam Jaafery, Advocate‑on‑Record for Petitioner (in Petition No.439 of 1985).
- Mian Abdus Sattar Najam, Advocate Supreme Court instructed by S. Inayat Hussain, Advocate‑on‑Record for Petitioner (in Petition No. 460 of 1985).
- Nemo for Respondents (in both Petitions).
- Date of hearing: 17th June, 1989.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, Lahore dated 19th October, 1985 in Criminal Appeal No. 96 and Murder Reference No. 43 of 1982). ‑‑‑S.302‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Sentence, enhancement of‑‑‑Leave to appeal granted to examine as to whether it would be just and proper to extend concession in quantum of sentence in a case in which murder was committed to take revenge for the murder of a distant relation like Phuphi's husband.
Judgment & Decree
Criminal Petitions for Leave to Appeal Nos. 439 and 460 of 1985, decided on 17th June, 1989. (On appeal from the judgment and order of the Lahore High Court, Lahore dated 19th October, 1985 in Criminal Appeal No. 96 and Murder Reference No. 43 of 1982). ‑‑‑S.302‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Sentence, enhancement of‑‑‑Leave to appeal granted to examine as to whether it would be just and proper to extend concession in quantum of sentence in a case in which murder was committed to take revenge for the murder of a distant relation like Phuphi's husband. Syed Abul Aasam Jaafery, Advocate‑on‑Record for Petitioner (in Petition No.439 of 1985). Mian Abdus Sattar Najam, Advocate Supreme Court instructed by S. Inayat Hussain, Advocate‑on‑Record for Petitioner (in Petition No. 460 of 1985). Nemo for Respondents (in both Petitions). Date of hearing: 17th June, 1989. GHULAM MUJADDID, J.‑‑Noor Hussain and Muhammad Hassan have separately filed petitions for leave to appeal (Criminal Petition for Leave to Appeal No.439 of 1985 and Criminal Petition for Leave to Appeal No.460 of 1985, respectively) against the judgment of the Lahore High Court, Lahore dated 19th October, 1985. Noor Hussain was convicted under section 302, P.P.C. and sentenced to death by the trial Court for the murder of Ghulam Abbas. On appeal to the High Court death sentence was commuted to life imprisonment. Muhammad Hassan requests for enhancement of the sentence of Noor Hussain whereas Noor Hussain wants that the judgment of the High Court be set aside and he be acquitted. We first deal with petition of Muhammad Hassan (Criminal Petition No.460 of 1985). Learned counsel for the petitioner submits that the High Court erred in law in commuting death sentence to life imprisonment. It was further submitted that the case‑law referred to in the impugned judgment is not applicable because in those cases it was either the father or the brother of the accused who was murdered and it was to take revenge of that that the accused resorted to killing. There is good deal of force in the submissions of the learned counsel. Leave is granted to examine as to whether it would be just and proper to extend the concession in the quantum of sentence for the murder of a distant relation like Phuphi's husband as in the instant case. We also grant leave to appeal in the connected petition (Criminal Petition No.439 of 1985). M.A.K./N‑190/S Leave granted.