P L D 1981 Lahore 225 (PLP)
NIAMAT AND 3 OTHER‑ — Appellants Versus THE STATE‑‑Respondent
| Citation | P L D 1981 Lahore 225 (PLP) |
| Forum / Court | S. 302 read with Criminal Procedure (V of 1898), S. 410‑Appeal (criminal)‑Murder‑Evidence, appreciation of‑Mitigation‑Accused side having no locus standi to‑ obtain possession of disputed land from deceased, being in his actual physical possession‑Deceased and his partisans coming unarmed and none on accused‑side even suffering a bruise‑Accused, however, coming out of house only on call of his elders ‑ Conviction maintained ‑ Lesser penalty awarded by trial Court, held, calls for reference and upheld, in circumstances,‑ Sentence. |
| Bench Members | K M. A. Samadani and Aftab Farrukh, JJ |
| Parties | NIAMAT AND 3 OTHER‑ — Appellants Versus THE STATE‑‑Respondent |
Q1: What are the key laws and sections cited in P L D 1981 Lahore 225 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1981 Lahore 225 (PLP)?
The case was heard and decided by the S. 302 read with Criminal Procedure (V of 1898), S. 410‑Appeal (criminal)‑Murder‑Evidence, appreciation of‑Mitigation‑Accused side having no locus standi to‑ obtain possession of disputed land from deceased, being in his actual physical possession‑Deceased and his partisans coming unarmed and none on accused‑side even suffering a bruise‑Accused, however, coming out of house only on call of his elders ‑ Conviction maintained ‑ Lesser penalty awarded by trial Court, held, calls for reference and upheld, in circumstances,‑ Sentence. bench comprising: K M. A. Samadani and Aftab Farrukh, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1981 Lahore 225 (PLP) (NIAMAT AND 3 OTHER‑ — Appellants Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Mian M. Yasin Wattoo and Arif Iqbal Hussain Bhatti for Appellants.
- Dates of hearing: 8th and 9th November, 1980.
Headnotes / Summary
(a) Penal Code (XLV of 1860)‑ S. 302 read with Criminal Procedure (V of 1898), S. 410‑Appeal (criminal)‑Murder‑Evidence, appreciation of‑Mitigation‑Accused side having no locus standi to‑ obtain possession of disputed land from deceased, being in his actual physical possession‑Deceased and his partisans coming unarmed and none on accused‑side even suffering a bruise‑Accused, however, coming out of house only on call of his elders ‑ Conviction maintained ‑ Lesser penalty awarded by trial Court, held, calls for reference and upheld, in circumstances,‑ [Sentence]. Shibab Din v. The State P L D 1964 S C 177 ref. (b) Criminal Procedure Code (V of 1898)‑ S. 417 read with Penal Code (XLV of 1860), S. 302‑Murder Appeal against acquittal‑Evidence, appreciation of‑None on side of accused carrying any formidable weapon while committing criminal trespass and forcibly ploughing land in dispute‑Incident developing on deceased's arriving at spot, his taking objection to illegal ploughing of land and on call of accused, co‑accused bringing gun and indulging in firing at deceased‑Responsibility of firing and consequential death of deceased, held, that of co‑accused alone and he alone responsible for consequences‑Mere fact that accused, filed no appeal against their conviction under S. 447/34, P. P. C., held further, would not mean that accused accepted their guilt‑Appeal dismissed in circumstances of case. Khalil Ramdey, A. A.‑G. assisted by Rafiq Butt for the State.