| Citation(s) |
|---|
| 1996 SLG 241 1996 SLD 241 1996 SCMR 1127 |
Supreme Court of Pakistan
Criminal Petition No. 83-L and Jail Petition No. 93 of 1993, decision dated: 19-02-1994. On appeal from the judgment dated 21-12-1992 of the Lahore High Court, Lahore in Cr..App. No. 580/90 and M.R. No. 174/90
SAAD SAOOD, JAN, SAIDUZZAMAN SIDDIQUI AND WALI MUHAMMAD KHAN, JJ
Shaikh Zamir Hussain, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioner (in Cr.P. No. 83-L of 1993). Nemo for
Respondents (in Cr.P. No. 83-L of 1993)
Criminal Petition No. 83-L and Jail Petition No. 93 of 1993, decision dated: 19-02-1994. On appeal from the judgment dated 21-12-1992 of the Lahore High Court, Lahore in Cr..App. No. 580/90 and M.R. No. 174/90
SAAD SAOOD, JAN, SAIDUZZAMAN SIDDIQUI AND WALI MUHAMMAD KHAN, JJ
Shaikh Zamir Hussain, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioner (in Cr.P. No. 83-L of 1993). Nemo for
Respondents (in Cr.P. No. 83-L of 1993)
MUHAMMAD YAQUB
VS
THE STATE and another
Law:
Section:
(a) Penal Code (XLV of 1860)-------S. 302---Constitution of Pakistan (1973), Art. 185(3)---Sentence, enhancement of---High Court had commuted the sentence of death awarded to accused by Trial Court to imprisonment for life for the reasons that according to prosecution's own -version accused suspected the deceased of having brought bad name to their family by cultivating illicit connection with his sister who had acted to avenge his family honour and that he was 16/ 17 years of age at the time of occurrence---High Court had a discretion in the matter of confirming or declining to confirm the death sentence and the exercise of such discretion by High Court did not suffer from any illegality or material irregularity---Leave to appeal was refused in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 302---Constitution of Pakistan (1973), Art. 185(3)---Petition for leave to appeal---Jail petition filed by accused was barred by 98 days---Even otherwise orders passed by Trial Court as well as by High Court were based on proper appraisal of evidence---Leave to appeal was refused in circumstances. JUDGMENT WALI MUHAMMAD KHAN J.---Muhammad Yaqub, petitioner herein, through Petition No.83-L/93, seeks leave to appeal against the judgment dated 21-12-1992 passed by a learned Division Bench of the Lahore High Court, whereby the appeal filed by Zahoor Hussain, respondent No.2, against his conviction and sentence of death for the murder of Muhammad Riaz brother of the petitioner/complainant, was partly accepted, the death sentence awarded to him was reduced to life imprisonment and the Murder Reference not confirmed. The petitioner prays for the setting aside of the judgment of the High Court and awarding death sentence to respondent No.2. Zahoor Hussain respondent No.2 has also preferred Jail Petition No.93/93 against the same judgment praying for setting aside the judgment of the High Court and acquitting him of the charge.…
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