1990 PLP 288 (SCMR)
MASROOR AZAM FARRUKH‑‑Petitioner Versus SAGHIR AHMAD AFANDI and others‑‑Respondents
| Citation | 1990 PLP 288 (SCMR) |
| Forum / Court | ‑‑‑Art.185(3)‑‑‑Leave to appeal‑‑‑Limitation‑‑‑Petition was barred by 41 days‑‑ Leave was granted subject to objection of limitation.‑‑Limitation. |
| Bench Members | Javid lqbal Ghulam Mujaddid and |
| Parties | MASROOR AZAM FARRUKH‑‑Petitioner Versus SAGHIR AHMAD AFANDI and others‑‑Respondents |
Q1: What are the key laws and sections cited in 1990 PLP 288 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 288 (SCMR)?
The case was heard and decided by the ‑‑‑Art.185(3)‑‑‑Leave to appeal‑‑‑Limitation‑‑‑Petition was barred by 41 days‑‑ Leave was granted subject to objection of limitation.‑‑Limitation. bench comprising: Javid lqbal Ghulam Mujaddid and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 288 (SCMR) (MASROOR AZAM FARRUKH‑‑Petitioner Versus SAGHIR AHMAD AFANDI and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Abdul Khan Dogar, Advocate Supreme Court for Petitioner.
- Nemo for Respondents.
- Date of hearing: 10th April, 1989.
Headnotes / Summary
(From the judgment of the Lahore High Court dated 16‑5‑1987 in Criminal Appeal No.169 of 1984 and M. R. No.17 of 1984). (a) Penal Code ((XLV of 1860)‑‑‑ ‑‑‑S.302‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑High Court commuted sentence from death to imprisonment for life for the reason that deceased was wife of accused, who had left him alongwith his minor child and was not willing to rejoin him despite his sustained efforts‑‑‑Leave to appeal granted to consider whether High Court was not justified to commute the death sentence for these reasons. (b) Constitution of Pakistan (1973)‑‑ ‑‑‑Art.185(3)‑‑‑Leave to appeal‑‑‑Limitation‑‑‑Petition was barred by 41 days‑‑ Leave was granted subject to objection of limitation.‑‑[Limitation].
Judgment & Decree
Abdul Khan Dogar, Advocate Supreme Court for Petitioner. Nemo for Respondents. Date of hearing: 10th April, 1989. GHULAM MUJADDID, J.‑‑Saghir Ahmad Afandi son of Wazeer Ahmad, resident of House No.349, inside Lohari Gate, Multan, was convicted under section 302, P.P.C. and sentenced to death for the murder of his wife which took place on 14‑12‑1982 at 2‑30 p.m. On appeal to the Lahore High Court, his conviction was upheld but the sentence commuted to imprisonment for life. The reason which prevailed with the High Court was as follows:‑‑ "However, on quantum of sentence we are of the view that he is entitled to some leniency. The deceased being his wife had left him alongwith his minor child and was not willing to rejoin him despite his sustained efforts. Keeping this circumstance in view, we are persuaded to award lesser penalty provided for the offence of murder and order accordingly." Mansoor Azam Farrukh, brother of the deceased, has filed this petition for leave to appeal against the aforesaid judgment of the Lahore High Court. Learned counsel appearing on behalf of the petitioner submitted that there was no justification to commute the death sentence. He contended that there was no mitigating circumstance. The reason given by the High Court was not legally sustainable. Hence the sentence awarded by the High Court was neither legal nor proper. There is good deal of force in the contention of the learned counsel. We accordingly grant leave to examine the aforesaid aspect of the case. This petition is barred by 41 days. Learned counsel has been told that the leave has been granted subject to the objection of limitation. M.A.K./M‑1012/S Leave granted.