| Citation(s) |
|---|
| 1988 SLG 2970 1988 SLD 2970 1988 SCMR 144 |
Supreme Court of Pakistan
Criminal Petitions Nos. 167 and 181 of 1984, decided on 11th November, 1987. Date of hearing: 11th November, 1987. (On appeal from the judgment dated 26-2-1984 of the Lahore High Court in Criminal Appeal No. 1180 of 1980) .
NASIM HASAN SHAH, JUSTICE, S. A. NUSRAT, JUSTICE, ALI HUSSAIN QAZILBASH, JUSTICE
M.B. Zaman, Senior Advocate Supreme Court and Ijaz Ali Sheikh, Advocate-on-Record for Petitioner (in Criminal Petition No. 167 of 1984). Raja Muhammad Sabir, Advocate Supreme Court and M. Aslam Ch., Advocate-on-Record for Petitioner (in Criminal Petition
Criminal Petitions Nos. 167 and 181 of 1984, decided on 11th November, 1987. Date of hearing: 11th November, 1987. (On appeal from the judgment dated 26-2-1984 of the Lahore High Court in Criminal Appeal No. 1180 of 1980) .
NASIM HASAN SHAH, JUSTICE, S. A. NUSRAT, JUSTICE, ALI HUSSAIN QAZILBASH, JUSTICE
M.B. Zaman, Senior Advocate Supreme Court and Ijaz Ali Sheikh, Advocate-on-Record for Petitioner (in Criminal Petition No. 167 of 1984). Raja Muhammad Sabir, Advocate Supreme Court and M. Aslam Ch., Advocate-on-Record for Petitioner (in Criminal Petition
ALLAH BAKHSH
VS
MUHAMMAD AFZAL AND ANOTHER
Law: Penal Code (XLV of 1860)
Section: 302,304
Law: Constitution of Pakistan, 1973
Section: 185(3)
Penal Code (XLV of 1860)-- ---Ss. 302 304, Part I--Constitution of Pakistan (1973), Art.185(3)-Trial Court convicting and sentencing accused-petitioner to death, under S. 302, Penal Code--High Court, on appeal and reference converting accuseds conviction to one under S. 304, Part I Penal Code and sentencing him to imprisonment for life--Accused in his petition for leave to appeal challenging his conviction and sentence while deceaseds father moving petition for altering his conviction to one under S. 302 and restoring his death sentence--Order of Trial Court convicting accused under S. 302, Penal Code found to be correct but sentence of imprisonment for life, even for said offence was appropriate sentence--High Court also having imposed sentence of life imprisonment while convicting accused under S. 304, Part I, Penal Code, no miscarriage of justice, held, had resulted by such conviction--Petitions dismissed. ORDER NASIM HASAN SHAH, J.- Muhammad Afzal (petitioner in Cr.P.No. 181/84) attacked Abdul Basit with a Wahola and caused his death. The learned trial Court convicted Muhammad Afzal under section 302, P.P.C. and sentenced him to death. On appeal and reference, the High Court converted his conviction to one under section 304-I, P.P.C.…
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