| Citation(s) |
|---|
| 2023 SLG 2022 2023 SLD 2022 2023 MLD 1983 |
Lahore High Court, Multan Bench, Multan
Criminal Appeal No. 1164 of 2018 and Murder Reference No. 6 of 2019, heard on 14th November, 2022. Date of hearing: 14th November, 2022.
Before Shakil Ahmad and Muhammad Amjad Rafiq, JJ
Muhammad Usman Sharif Khosa for Appellant. Shahid Aleem, A.P.G. for the State.
Criminal Appeal No. 1164 of 2018 and Murder Reference No. 6 of 2019, heard on 14th November, 2022. Date of hearing: 14th November, 2022.
Before Shakil Ahmad and Muhammad Amjad Rafiq, JJ
Muhammad Usman Sharif Khosa for Appellant. Shahid Aleem, A.P.G. for the State.
KHUDA BAKHSH and another---Appellants
VERSUS
The STATE---Respondent
Law: Constitution of Pakistan, 1973
Section: 175(2)
Law: Penal Code (XLV of 1860)
Section: 302(b)
Law: Criminal Procedure Code (V of 1898)
Section: 431
(a) Constitution of Pakistan--- ----Art. 175(2)--- Maxim "lex fori"--- Applicability---Jurisdiction on Court always vests through law of a country---Such principle is based on legal maxim "lex fori" which means that law of the forum or the law of the jurisdiction where the case is pending---Principle of "lex fori" has its roots in our system as per Art. 175(2) of the Constitution. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Criminal Procedure Code (V of 1898), S. 431---Qatl-i-amd---Abatement of appeal---Death of accused---Principle---Accused was sentenced to death but during pendency of appeal he had died---Effect---Appeal against sentence of death or imprisonment was to abate on the death of accused, however, it could stay and was decided on merit to the extent of sentence of fine---High Court returned record and case property to Trial Court as appeal stood abated as per S. 431, Cr.P.C.---Appeal abated, in circumstances. Sheikh Iqbal Azam Farooqui through Legal Heirs v. The State through Chairman NAB 2020 SCMR 359; Dr. Ghulam Hussain (Represented by 8 Heirs) v. State 1971 SCMR 35; Muhammad Arshad v. The State and another 2018 PCr.LJ 1513; Anwar Hossain Khan v. The State 1970 PCr.LJ 279; Muhammad Arshad v. The State and another 2018 PCr.LJ 1513; (1) Syed Ahmad Shah and (2) Fereoze Din v. (1) The State and (2) Malik Abdul Aziz PLD 1967 SC 42; Dhaular Sher and others v. The State NLR 1998 Criminal 112; Muhammad Ishaq v. The State 1992 PCr.LJ 1273; Mukhtar Ahmad and others v. The State 1989 MLD 3730; Manzoor and others v. The State PLD 1987 Lah. 401; Ahmad Ali v. The State 1985 PCr.LJ 1111; Syed Muhammad Sibtain Ali Rizvi v. The State 1984 PCr.LJ 1749; Muhammad Shamoon (Deceased) through Legal Representative v. The State and another 2019 SCMR 1144; Ghulam Muhammad alias Gamoon v. The State and another; Criminal Appeal No. 716 of 2018 2021 LHC 6320; Mukaram Khan v. The State and another 2021 MLD 176; Alexander F. Mindlin, J.D., New York University School of Law, 2011 in his article "abatement means what it says": the quiet recasting of abatement; United States of America, v. Kenneth L. LAY, 456 F. Supp. 2d 869 (2006); Harnam Singh v. The State of Himachal…
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