Case Details

Citation(s)
1985 SLG 531 1985 SLD 531 1985 SCMR 612
Supreme Court of Pakistan
Criminal Appeal No. 138 of 1981, decision dated: 16-12-1984.(On appeal from the judgment, dated 5-7-1980 of the Lahore High Court, Lahore in Cr. A. No.103 of 1979 and Murder Reference No. 104 of 1979)
MUHAMMAD AFZAL ZULLAH, NASIM HASAN SHAH, ABDUL KADIR SHAIKH AND MIAN BURHANUDDIN KHAN, JJ

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

MUHAMMAD HANIF and others

VS

THE STATE

Law:

Section:

(a) Constitution of Pakistan (1973)--Art.185(3)--Penal Code (XLV of 1860), 5.302--Compromise--Deceased, step-mother of accused persons--Conviction of accused found fully justified--Complainant, real son of deceased and half-brother of accused persons filing affidavit before Supreme Court to the effect that in view of close relationship between parties and on account of intervention of elders of family and with a view to maintaining peace and amity between family members, children of deceased lady have forgiven their two half-brothers (accused) for murder of their mother and they request that accused be acquitted--Held, it would be in interest of families compromise was accepted but since conviction of accused under S. 302/34, P.P.C. was fully Justified, question of acquitting merely on plea of complainant was not sustainable--Penalty of death sentence in case of one accused reduced to that of life imprisonment and penalty of life imprisonment imposed on other accused maintained in circum­stances. Muhammad Bashir v. The State PV L D 1982 S C 139 ref. (b) Penal Code (XLV of 1860)-- ---S.302--Compromise--Sentence--Compromise not providing monetary compensation, held, could be treated in certain cases as a good ground for reducing sentence. JUDGMENT NASIM HASAN SHAH, J.--Muhammad Hanif and Muhammad Shafiq sons of Umar Din were tried for the murder of their step-mother Mst. Zenab Bibi under section 302/34, P.P.C. Both of them were found guilty by the learned Sessions Judge, Kasur vide his order dated 23-12-1978 under section 302/34, P.P.C. and were sentenced to death. They were also ordered to pay a fine of Rs.5,000 each, in default of payment of fine they were ordered to undergo two years' rigorous imprisonment. On appeal and reference, a Division Bench of the Lahore High Court upheld the conviction of the appellants but reduced the sentence of Muhammad Shafiq from death to imprisonment for life. Thus, the judgment of the trial Judge was upheld, except with this modification. This appeal, by leave of this Court, is directed against the afore­mentioned judgment and order of the High Court. The deceased, as noted already, was the step-mother of the appellants being…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492