Case Details

Citation(s)
1988 SLG 2440 1988 SLD 2440 1988 SCMR 1097
Supreme Court of Pakistan
Criminal Petition for Special Leave to Appeal No. 177 of 1987, decided on 4th April, 1988. (Against the judgment of the Lahore High Court, Lahore, Dated 5-5-1987 passed in Criminal Appeal No. 1/J/1984 and Murder Reference No. 40 of 1984). Date of heari
ASLAM RIAZ HUSSAIN AND SAAD SAOOD JAN, JJ

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NIAMAT ALI

VS

THE STATE--Respondent

Law: Penal Code (XLV of 1860)

Section: 302/307

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--   ---S.302/307--Constitution of Pakistan (1973), Art. 185(3)--Sentence-­Tender age--Effect of conviction under S.302/307, P.P.C. and sentence of death--Petitioner stated to be aged 13 years at time of incident-­Question of age was not probed thoroughly at trial stage--Leave to appeal granted to consider if petitioner was indeed of tender age at relevant time, and if so, what was the appropriate sentence which should have been awarded to him to meet ends of justice. ORDER ASLAM RIAZ HUSSAIN, J.--Niamat Ali petitioner was tried and convicted inter alia under section 302/307, P. P.C. , for the murder of Afzal Ali Shah and making murderous assault on his wife Mst.Anwar Begun (P.W.1). Under section 302 P.P.C., he was sentenced to death and a fine of Rs.5,000 and under section 397 P.P.C., to 7 years R.I. and a fine of Rs.3,000. 2. Learned counsel for the petitioner has not contested the case on merits but pointed out…
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