| Citation(s) |
|---|
| 1991 SLG 765 1991 SLD 765 1991 SCMR 56 |
Supreme Court of Pakistan
Criminal Petition No.174-R and Jail Petition No.97-R of 1989, decision dated: 3rd June, 1990(Against the judgment and order dated 19-10-1989 of the Lahore High Court, Rawalpindi Bench, Rawalpindi, in Criminal Appeal No.108 of 1987, M.R. No.5 of 1988)
NAIMUDDIN, ABDUL QADEER CHAUDHRY AND AJMAL MIAN, JJ
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
Criminal Petition No.174-R and Jail Petition No.97-R of 1989, decision dated: 3rd June, 1990(Against the judgment and order dated 19-10-1989 of the Lahore High Court, Rawalpindi Bench, Rawalpindi, in Criminal Appeal No.108 of 1987, M.R. No.5 of 1988)
NAIMUDDIN, ABDUL QADEER CHAUDHRY AND AJMAL MIAN, JJ
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
FAZAL HUSSAIN and others
SULEMAN KHAN and others
Law:
Section:
(a) Penal Code (XLV of 1860)---Ss. 302, 404 & 411---Constitution of Pakistan (1973), Art.185(3)---Sufficient material was available on record to connect accused with the commission of the offence---Accused had joined the service of complainant with the intention to deprive him of his valuable property and in the process he also took the life of his wife which showed that accused was of mature understanding---Accused had not committed the offence under the influence of any other person and had betrayed the trust reposed in him ---No mitigating circumstance, thus, existed in favour of accused---Conviction and sentences awarded to accused were consequently maintained and leave to appeal was refused. (b) Penal Code (XLV of 1860)--- ----Ss. 302, 404 & 411---Appreciation of evidence---Birth entry was recorded in the birth register after the commission of the offence---Document, held, had no evidentiary value. (c) Penal Code (XLV of 1860)--- ----Ss. 302, 404 & 411---Sentence---Mere fact that accused was a young offender was no ground for not awarding him normal penalty of death, [Sentence]. Hassan v. Bashir Ahmad PLD 1966 (W.P.) Pesh. 97 rel. ORDER ABDUL QADEER CHAUDHRY, J.--This order would dispose of two petitions; one filed by Fazal Hussain complainant for the enhancement of compensation and the other by the convict Suleman against his conviction. 2. The facts, in brief, are that on 1-9-1985 Fazal Hussain complainant (P.W. 8) left his house at 8.45 a.m. At about 12 noon he rang up at his house but there was no reply. At 2.30 p.m. he reached his house and found his children sitting in the verandah of the house and was told that their mother was not at the house. He found. his wife lying in the kitchen in blood bath. Dr. Naila straightened the body of the deceased and it was stated that she had injuries on her head and near the left eye. An iron bar as also lying near the dead body. A report was lodged with the police. The petitioner who was working as servant of the complainant was not available at the house. After usual investigation, the case was sent up for trial. The trial Court convicted and sentenced the petitioner as follows:-- (a) Under section…
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