1987 PLP 128 (SCMR)
MUHAMMAD ANWAR‑‑Petitioner Versus The STATE‑‑Respondent
| Citation | 1987 PLP 128 (SCMR) |
| Forum / Court | ‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), 5.302‑‑Sentence of death‑ Reduction in‑‑Compromise with sufficient compensation‑‑Mitigating circumstance‑‑Petitioner convicted and sentenced to death‑‑Accused party sufficiently compensating heirs of deceased‑‑Parties compromised agreeing to keep future peace‑‑Compromise treated a mitigating circumstance‑ Conviction of petitioner and sentence of fine maintained but sentence of death reduced to imprisonment for life‑‑Petition converted into appeal and partially allowed.‑‑Sentence‑‑Compromise. |
| Bench Members | Aslam Riaz Hussain, Javid Iqbal and Ali Hussain Qazilbash, JJ |
| Parties | MUHAMMAD ANWAR‑‑Petitioner Versus The STATE‑‑Respondent |
| Primary Law | Constitution of Pakistan (1973)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 128 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 128 (SCMR)?
The case was heard and decided by the ‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), 5.302‑‑Sentence of death‑ Reduction in‑‑Compromise with sufficient compensation‑‑Mitigating circumstance‑‑Petitioner convicted and sentenced to death‑‑Accused party sufficiently compensating heirs of deceased‑‑Parties compromised agreeing to keep future peace‑‑Compromise treated a mitigating circumstance‑ Conviction of petitioner and sentence of fine maintained but sentence of death reduced to imprisonment for life‑‑Petition converted into appeal and partially allowed.‑‑Sentence‑‑Compromise. bench comprising: Aslam Riaz Hussain, Javid Iqbal and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 128 (SCMR) (MUHAMMAD ANWAR‑‑Petitioner Versus The STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shamim Abbas Bokhari, Advocate Supreme Court and Syed Ali Imam Naqvi, Advocate‑on‑Record for Petitioner.
- Date of hearing: 4th November, 1986.
Headnotes / Summary
(Against the order of the Lahore High Court, Lahore, dated 19‑1‑1982, passed in Criminal Appeal No. 283 of 1979). ‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), 5.302‑‑Sentence of death‑ Reduction in‑‑Compromise with sufficient compensation‑‑Mitigating circumstance‑‑Petitioner convicted and sentenced to death‑‑Accused party sufficiently compensating heirs of deceased‑‑Parties compromised agreeing to keep future peace‑‑Compromise treated a mitigating circumstance‑ Conviction of petitioner and sentence of fine maintained but sentence of death reduced to imprisonment for life‑‑Petition converted into appeal and partially allowed.‑‑[Sentence‑‑Compromise]. Nemo for the State.
Judgment & Decree
ASLAM RIAZ HUSSAIN, J.‑‑Muhammad Anwar petitioner was tried and sentenced to death under section 302, P.P.C. for the murder of Mst.Amanat Bibi. His appeal before the High Court failed and the sentence of death was confirmed. Hence the present petition for leave.
2. It has been submitted before us that the parties have compromised of the Court. The compromise‑deed along with affidavit by the relevant persons have been placed on the record. It appears from the compromise-deed that the accused party has sufficiently compensated the heirs of the deceased and that the latter are satisfied with the terms of the compromise which is necessary for future peace between them. 3.In this view of the matter we convert this petition into appeal and accept the same partially. Treating the aforementioned compromise as a mitigating circumstances, we maintain the petitioner's conviction but reduce his sentence of death to that imprisonment for life. The sentence of fine is, however, maintained. M.I. Order accordingly.