Case Details

Citation(s)
1997 SLG 669 1997 SLD 669 1997 SCMR 896
Supreme Court of Pakistan
Criminal Suo Motu Review IQo. 1 of 1995, decision dated: 27-11-1995
ZIA MAHMOOD MIRZA, MUHAMMAD MUNIR KHAN AND MUHAMMAD BASHIR KHAN, JEHANGIRI, JJ

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ZAHOOR AHMED

VS

THE STATE

Law:

Section:

penal Code (XLV of 1860)--Ss. 302, 306 & 308---Constitution of Pakistan (1973), Art.188---Supreme Court Rules, 1980, O.XXVI, R.1---Review petition---Review of the order of Supreme Court refusing leave to appeal to accused was sought on the ground that four children born out of the wedlock of the deceased and the accused being their direct descendants, the accused could not have been convicted under 5.302, P.P.C. in view of the provisions of Ss. 306 & 308, P.P.C.---Held, accused could not get any benefit of the provisions of Ss.306 & 308, P.P.C. as the same were not in force on the date when the deceased was murdered, said provisions having come into force in the year 1990 whereas the crime had been committed in the year 1988---Review petition was dismissed accordingly. Nemo for Petitioner. Muhammad Yawar Ali Khan and Additional Advocate-General, Punjab, Lahore for the State. Date of hearing: 27th November, 1995. ORDER MUHAMMAD MUNIR KHAN, J.---This review matter arises from the facts that Zahoor Ahmad petitioner was tried by Additional Sessions Judge, Faisalabad under section 302, P.P.C., on the charge that he had, on 11-12-1988 at 5-00 p.m., murdered his wife Mst. Bilquis in the house of her father namely, Bahadur, situate Chak No.497/GB of Police Station Mamun Kanjan, Tehsil Sammundari, District Faisalabad. He was convicted under sections 302, P.P.C., and 452, P.P.C., and sentenced to imprisonment for life under section 302, P.P.C., and to five years' R.I., under section 452, P.P.C., with the directions that the sentences shall run concurrently. The appeal filed by him against his convictions and sentences was dismissed by the Lahore High Court, Lahore on…
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