2002 PLP 1217 (SCMR)
IMRAN TAJAMAL KHAN‑‑‑Petitioner Versus MUMTAZ AHMED alias KAKA and others‑‑‑Respondents
| Citation | 2002 PLP 1217 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Qazi Muhammad Farooq and Tanvir Ahmed Khan, JJ |
| Parties | IMRAN TAJAMAL KHAN‑‑‑Petitioner Versus MUMTAZ AHMED alias KAKA and others‑‑‑Respondents |
Q1: What are the key laws and sections cited in 2002 PLP 1217 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 1217 (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 1217 (SCMR) (IMRAN TAJAMAL KHAN‑‑‑Petitioner Versus MUMTAZ AHMED alias KAKA and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Tanvir Ahmed, Advocate-on‑Record for Petitioner,
- Nemo for Respondents.
- Date of hearing: 13th February, 2002.
Headnotes / Summary
(On appeal from the judgment dated 23‑5‑2001 of the Lahore High Court, Lahore, passed in Criminal Appeal No.411 of 1996 and Murder. Reference No.64 of 1996). Penal Code (XLV of 1860)‑‑‑ ‑‑‑‑S.302‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Sentence‑‑‑High Court had taken a lenient view in the matter of sentence because the murder was preceded by a quarrel between the parties and firing was made by the accused during the process of grappling between him and the deceased‑‑ Sentence of death of accused had rightly been altered to imprisonment for life by the High Court‑‑‑Leave to appeal was declined to the complainant by the Supreme Court in circumstances.
Judgment & Decree
QAZI MUHAMMAD FAROOQ, J.‑‑‑The respondent, Mumtaz Ahmed alias Kaka, was tried by the learned Additional Sessions Judge, Sialkot under section 302, P.P.C. for the murder of one Irfan Tajamal. He was convicted under section 302, P.P.C. and sentenced to death and also directed to pay compensation in the sum of Rs.20,000 under section 544‑A, Cr.P.C. to the legal heirs of the deceased. The appeal preferred by him was, however, partly accepted by a learned Division Bench of the Lahore High Court, Lahore on 23‑5‑2001 and while his conviction under section 302, P.P.C. was upheld the sentence of death was altered to imprisonment for life. The complainant has sought leave to appeal against the said judgment with the prayer that the sentence awarded by the learned trial Court may be restored.
2. A lenient view in the matter of sentence was taken by the learned Judge in the High Court for the reason that the murder was preceded by a quarrel between the parties and firing was made by the accused during the process of grappling between him and the deceased.
3. After hearing the learned counsel for the petitioner and going through the record we feel no hesitation in holding that the sentence of death was rightly altered to imprisonment for life by the High Court. Consequently, the petition is dismissed and leave declined. N.H.Q./I‑45/S Leave refused.