1989 PLP 593 (SCMR)
MUHAMMAD AMIN‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1989 PLP 593 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah and Ali Hussain Qazilbash, JJ |
| Parties | MUHAMMAD AMIN‑‑Petitioner Versus THE STATE‑‑Respondent |
Q1: What are the key laws and sections cited in 1989 PLP 593 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 593 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 593 (SCMR) (MUHAMMAD AMIN‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Munir Peracha, Advocate Supreme Court and Manzoor Ellahi, Advocate‑on‑Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 15th October, 1988
Headnotes / Summary
(Against the judgment of the Lahore High Court, Rawalpindi Bench, dated 8‑3‑1988, passed in Criminal Appeal No.139 of 1983 and Murder Referencc No.170 of 1983). ‑‑‑Ss.302, 307 & 449‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Occurrence took place .in house of complainant‑‑Report was lodged soon after‑‑Accused arrested at the spot along with weapon of offence‑‑Eye‑version account was supported by medical evidence as well as by recovery of weapon of offence‑ Motive had been established‑‑Accused's counsel not questioning the conviction under S.302, P.P.C. but praying for reduction of sentence‑‑No extenuating circumstance warranting interference in sentence, was found‑‑Leave to appeal declined in circumstances.
Judgment & Decree
Muhammad Munir Peracha, Advocate Supreme Court and Manzoor Ellahi, Advocate‑on‑Record for Petitioner. Nemo for Respondent. Date of hearing: 15th October, 1988 ALI HUSSAIN QAZILBASH, J.‑‑This is a petition for leave to appeal against the judgment of a learned Division Bench of the Lahore High Court Rawalpindi Bench, dated 8th March, 1988.
2. Muhammad Amin petitioner was charged and tried by the learned Sessions Judge, Attock, under section 302, P.P.C. on two counts for the murder of Mst. Parveen Akhtar and Abdul Ghafoor and sentenced to death on both the counts and a fine of Rs.5,000 on each count, in default to two years' R.I. on each count. He was also convicted under section 307, P.P.C. on two counts for causing injuries to Mst. Shah Jehan and Mst. Shameem Akhtar and sentenced to seven years' R.I. and a fine of Rs.3,000 on each count or in default to one year's R.I. on each count. He was also convicted under section 449, P.P.C. and sentenced to seven years' R.I. or in default to six months' R.I. The High Court on appeal confirmed all the sentences.
3. The occurrence in this case took place on 4‑10‑1982 at 7 a.m. in the house of the complainant situate in Mohallah Sanblan, Fatehjang, the report of which was made soon after. The petitioner was arrested at the spot along with the weapon of offence. The prosecution has produced three witnesses whose eye -version account is supported by the medical evidence as well as the recovery of the weapon of offence. The motive too has been established.
4. The learned counsel for the petitioner has not questioned the conviction of the petitioner under section 302, P.P.C. but he has prayed for the reduction of his sentence. We have considered his argument in the light of the evidence produced by the prosecution and the judgments of the Courts below but we do not find any extenuating circumstance warranting interference in the sentence.
5. The petition is dismissed.