Case Details

Citation(s)
1994 SLG 400 1994 SLD 400 1994 PLD 358
Supreme Court of Pakistan
Jail Petition No. 50 of 1992, decision dated: 19-01-1994. (On appeal from the judgment, dated 26-2-1992 of the Lahore High Court, Lahore, passed in Criminal Appeal No.75/J/1988).
ABDUL QADEER CHAUDHRY, AJMAL MIAN AND WALI MUHAMMAD KHAN, JJ
Mohammed Munir Piracha, Advocate Supreme Court. Nemo for the State.

ARMED NAWAZ

VS

THE STATE

Law:

Section:

Penal Code (XLV of 1860)-------Ss. 302, 353 & 307---Constitution of Pakistan (1973), Art.185(3)--­Contention was that the trial Judge was not qualified for appointment as a Judge of the Special Court in terms of S.4(2) of the Special Courts for Speedy Trials Act, 1987 as he was not and had not been a Judge of the High Court or was not Sessions Judge who was qualified for appointment as a Judge of the High Court, therefore, the trial conducted by him was coram non judice--­Contention was repelled holding that appointment had been made while Special Courts for Speedy Trials Ordinance (II of 1987) was in the field permitting such appointment---No infirmity in the concurrent s of the Courts below could be pointed out---Case against accused stood proved beyond reasonable doubt---Leave to appeal was refused accordingly. [p. 360] A & B ORDER AJMAL MIAN, J.---This is a petition sent by the convict, Ahmed Nawaz son of Noor Hussain, who has been condemned to death against the judgment, dated 26-2-1992 passed by a Division Bench of the Lahore High Court in Criminal Appeal No. 75/J/1988 filed by the petitioner against the following convictions and sentences:--- "(1) under section 302, P.P.C. death with a fine of Rs.30,000 in default 5 years' R.I. Rs.20,000 be paid as compensation to the legal heirs of -the deceased on account of recovery of fine (2) under section 353, P.P.C. 2 years' R.I. with fine of Rs.5,000 in default three months' R.I. (3) under section 3".P.C. 4 years' R.I. and fine of Rs. 10,000 in default one year R.I." dismissing the above appeal and . maintaining the above convictions and sentences. 2. The petitioner and the co-accused Ahmad Gul were tried under section 302/307/353/34, P.P.C. pursuant to F.LR. registered at Police Station Kaloor Kot, District Bhakkar. The prosecution case was that the petitioner Ahmad Nawaz was armed with a rifle and acquitted co-accused Ahmad Gul was armed with a gun. On 15-12-1987 at 11.30 a.m. in the area of Wathoia Basti Oadanwali in furtherance of their common intention, they used criminal force against Mohammed Mumtaz S.L, a public servant, and made a murderous assault on him. They fired at the police party and also…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492