| Citation(s) |
|---|
| 1989 SLG 534 1989 SLD 534 1989 SCMR 389 1989 SLD 1090 1989 SCMR 389 |
Supreme Court of Pakistan
Jail Petition No. 11-R and Criminal Petition No. 13-R of 1987, decision dated: 9-10-1988
NASIM HASAN SHAH AND ALI HUSSAIN QAZILHASH, JJ
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Jail Petition No. 11-R and Criminal Petition No. 13-R of 1987, decision dated: 9-10-1988
NASIM HASAN SHAH AND ALI HUSSAIN QAZILHASH, JJ
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ASLAM PERVAIZ and another
VS
THE STATE and others
Law:
Section:
Penal Code (XLV of 1860)--Ss. 302/34 & 307/34--Sentence, enhancement of--Parties exchanged hot words before firing started--Complainant party lost one man and two of them received injuries--Sentence of life imprisonment was held neither capricious nor outrageous in circumstances. Sardar Muhammad Ishaq Khan, Advocate Supreme Court and Muhammad Afzal Siddiqi, Advocate-on-Record (absent) for Petitioner (in Criminal Petition No. 13-R of 1987. Nemo for Respondents. Date of hearing 9th October, 1988. ORDER ALI HUSSAIN QAZILBASH, J.--This order will dispose of Jail Petition No. 11-R of 1987 filed by Aslam Pervaiz against his conviction and sentence and Criminal Petition No. 13-R of 1987 filed by Muhammad Akram for enhancement of the sentence awarded to Aslam Pervaiz and Nazir Ahmad convicts. 2. Aslam Pervaiz and Nazir Ahmad alongwith three others were chargedunder sections 302/307/149 and 148, P.P.C. for committing the murder of Muhammad Siddique and causing injuries to Muhammad Riaz and Muhammad Riasat alias Liaqat. The occurrence was alleged to have taken place on 21-2-1980 at Peshiwela in village Puran, Police Station Sarai Alamgir, District Gujrat The report was made by Muhammad "Akram complainant the same day at 4.30 p.m. The convicts and the acquitted accused were arrested on 22-2-1980 and after the completion of the investigation they were put to dial where the learned Sessions Judge, Gujrat, vide judgment dated 24-2-1982, held Aslam Pervaiz and Nazir Ahmad guilty of offences under sections 302/34 and 307/34, P.P.C. and sentenced each of them to death under section 302/34, P.P.C. and to a fine of Rs. 5,000 or in default to three years' R.I. They were also directed to pay a sum of Rs. 5,000 each as compensation under section 544-A, Cr.P.C., or m default of payment to suffer six moths' R.I. Both the convicts were also convicted under section 307/34, P.P.C. and each was sentenced to three years' R.I. and to a fine of Rs. 5,000 or in default to one year's R.I. They were also directed to pay a sum of Rs. 5,000 each under section 544-A, Cr.P.C. as compensation payable to Muharnmad Riaz and Muhammad Riasat alias Liaqat in equal shares. In default of the payment ofโฆ
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