| Citation(s) |
|---|
| 1988 SLG 2950 1988 SLD 2950 1988 SCMR 190 |
Supreme Court of Pakistan
Criminal Petitions for Special Leave to Appeal Nos. 214 and 216 of 1985, decided on 11th November, 1987. Date of hearing: 11th November, 1987. (On appeal from the judgment dated 26-2-1985 of the Lahore High Court, Lahore passed in Cr. Appeal No. 640 of 19
NASIM HASAN SHAH, JUSTICE, S. A. NUSARAT, JUSTICE, ALI HUSSAIN QAZILBASH, JUSTICE
Munir Ahmad Bhatti, Advocate Supreme Court and Iqbal Ahmad Qureshi, Advocate- on-Record for Petitioner (in Criminal Appeal No. 214 of 1985). Nemo for
Respondents (in Criminal Appeal No. 214 of 1985) . Ejaz Hussain Batalvi, Senior Advocate Supreme Court,
Criminal Petitions for Special Leave to Appeal Nos. 214 and 216 of 1985, decided on 11th November, 1987. Date of hearing: 11th November, 1987. (On appeal from the judgment dated 26-2-1985 of the Lahore High Court, Lahore passed in Cr. Appeal No. 640 of 19
NASIM HASAN SHAH, JUSTICE, S. A. NUSARAT, JUSTICE, ALI HUSSAIN QAZILBASH, JUSTICE
Munir Ahmad Bhatti, Advocate Supreme Court and Iqbal Ahmad Qureshi, Advocate- on-Record for Petitioner (in Criminal Appeal No. 214 of 1985). Nemo for
Respondents (in Criminal Appeal No. 214 of 1985) . Ejaz Hussain Batalvi, Senior Advocate Supreme Court,
NAZIR HUSSAIN
VS
NAWAZISH ALI AND OTHERS
Law: Penal Code (XLV of 1860)
Section: 302,307,34
Law: Constitution of Pakistan, 1973
Section: 185(3)
(a) Penal Code (XLV of 1860)-- ---Ss: 302, 307 34--Constitution of Pakistan (1973), Art. 185(3)-Petition against conviction--Day light occurrence in which eye-witnesses sustained injuries--Prosecution evidence consistent and in conformity with medical evidence--No case having been made out for interference, leave to appeal refused. (b) Penal Code (XLV of 1860)- ---S. 302--Constitution of Pakistan (1973), Art. 185(3)--Petition for enhancement of sentence--Conviction under S. 302, P.P.C.--Reduction of death sentence to imprisonment for life, challenged--Reasons given by High Court for reduction of sentence being plausible and no case having been made out for interference in discretion exercised by High Court, leave to appeal refused. ORDER ALI HUSSAIN QAZILBASH, J.- These are two petitions for leave against the judgment of Lahore High Court, dated 26-2-1985. 2. Nawazish Ali, Ziaul Haq, Abdul Waheed, Safdar Hussain, Faqir Muhammad, Maqbool Ahmad and Ijaz alias Bhola, residents of Chak No. 213/R.B. P.S. Peoples Colony, Faisalabad, were charged for the murder of Abdul Qayyum and murderous assault of Javid Iqbal and Muhammad Amin their co-villagers. They were tried by the learned Additional Sessions Judge, Faisalabad who, vide his judgment dated 28-11-1982, convicted Nawazish Ali, Ziaul Haq and Abdul Waheed under section 302/34 and sentenced Nawazish Ali to death with a fine of Rs.2,000 or in default, to suffer two years R.I. Ziaul Haq and Abdul Waheed were sentenced to life imprisonment each with a fine of Rs.5,000 each or in default to two years R.I. The fine on recovery was ordered to be paid to the legal heirs of the deceased as compensation. Nawazish Ali, Ziaul Haq and Abdul Waheed were also convicted under section 307/34, P.P.C. and sentenced to three years R.I. each with a fine of Rs.1,000 each or in default thereof to one years further R.I. It was ordered that the fine on recovery be paid to Muhammad Amin and Javid Iqbal as compensation. Safdar Hussain, Faqir Muhammad, Maqbool Ahmad and…
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