| Citation(s) |
|---|
| 1988 SLG 3050 1988 SLD 3050 1988 SCMR 357 |
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No.15 of 1983, decided on 25th November, 1987. Date of hearing: 25th November, 1987. (From the judgment of the Lahore High Court dated 11-12-1982 passed in Murder Reference No. 8 of 1980 and Criminal Appeal No.935 of
NASIM HASAN SHAH, JUSTICE, S.A. NUSRAT, JUSTICE, ALI HUSSAIN QAZILBASH, JUSTICE
Kh.A.Waheed, Advocate Supreme Court for Petitioner. Abid Hasan Minto, Senior Advocate Supreme Court, Rana Muhammad Bashir Khan, Advocate Supreme Court and M.A.Qureshi, Advocate-on-Record for
Respondents.
Criminal Petition for Leave to Appeal No.15 of 1983, decided on 25th November, 1987. Date of hearing: 25th November, 1987. (From the judgment of the Lahore High Court dated 11-12-1982 passed in Murder Reference No. 8 of 1980 and Criminal Appeal No.935 of
NASIM HASAN SHAH, JUSTICE, S.A. NUSRAT, JUSTICE, ALI HUSSAIN QAZILBASH, JUSTICE
Kh.A.Waheed, Advocate Supreme Court for Petitioner. Abid Hasan Minto, Senior Advocate Supreme Court, Rana Muhammad Bashir Khan, Advocate Supreme Court and M.A.Qureshi, Advocate-on-Record for
Respondents.
CHIRAGH DIN
VS
MUHAMMAD TUFAIL AND ANOTHER
Law: Penal Code (XLV of 1860)
Section: 302
Law: Constitution of Pakistan, 1973
Section: 185(3)
Penal Code (XLV of 1860)-- ---S.302--Constitution of Pakistan (1973), Art. 185(3)--Sentence-Alteration of death sentence to life imprisonment, challenged--Reasoning which prevailed with High Court for awarding lesser punishment in circumstances of case being unexceptionable, leave to appeal refused. ORDER S.A.NUSRAT, J.- By this petition, the complainant in the case seeks leave to appeal from the impugned judgment of the High Court with the prayer that the sentence of death awarded to the respondent by the trial Court is liable to be restored. 2. The respondent was tried for the murder of Mst. Sureyya and was sentenced to death and fine under section 302, P.P.C. However, on appeal, the learned High Court, as per impugned judgment, while maintaining the conviction, altered the sentence from death to life imprisonment. The order regarding payment of fine was also…
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