| Citation(s) |
|---|
| 2004 SLG 1123 2004 SLD 1123 2004 SCMR 1134 |
Supreme Court of Pakistan
Criminal Petition No. 534-L of 2001, decision dated: 21st May, 2002.(On appeal from the judgment/order, dated 17-7-1999 passed by Lahore High Court, Bahawalpur Bench, Bahawalpur in Criminal Appeal No. 65 of 1999 and Murder Reference No. 13 of 1999)
IFTIKHAR MUHAMMAD CHAUDHRY KHALIL-UR-REHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ
Sardar Muhammad Latif Khan Khosa, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for
Respondents
Criminal Petition No. 534-L of 2001, decision dated: 21st May, 2002.(On appeal from the judgment/order, dated 17-7-1999 passed by Lahore High Court, Bahawalpur Bench, Bahawalpur in Criminal Appeal No. 65 of 1999 and Murder Reference No. 13 of 1999)
IFTIKHAR MUHAMMAD CHAUDHRY KHALIL-UR-REHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ
Sardar Muhammad Latif Khan Khosa, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for
Respondents
MUHAMMAD AJMAL
VS
SHARIF AHMAD and others
Law:
Section:
Penal Code (XLV of 1860)----S. 302(b)/34---Constitution of Pakistan (1973), Art. 185(3)--¬Sentence, enhancement of---Prosecution had introduced the plea of the accused to the effect that murder of the deceased had been committed on account of his illicit relations with the aunt of the accused, which fact had been established by a prosecution witness---High Court had rightly reduced the sentence of death of accused to imprisonment for life keeping in view the fact that the accused had jointly committed the murder of the deceased in order to vindicate family honour---Leave to appeal was refused to complainant in circumstances. Abdul Haq v. State PLD 1996 SC 1 ref. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to appeal has been filed against the judgment, dated 17-7-2001 passed by Lahore High Court, Bahawalpur Bench whereby Criminal Appeal filed by petitioner has been dismissed and while maintaining the conviction of the respondents the sentence of death awarded to them was altered to life imprisonment. 2. Briefly stating the facts of the case as gleaned from F.I.R. No.21 of 1996, Exh.P.A. got recorded by petitioner at Police Station, Pacca Laran, District Rahimyar Khan are that complainant alongwith his brother Muhammad Aslam, Ashfaq Ahmad son of Abdul Khaliq and Abdul Ghaffar son of Rasool Bakhsh residents of the same Mauza were sitting in the shop known as Hasan Medicos, Amin Road, Pacca Laran. According to him his brother Muhammad Hasan alias Hasni was sitting on a bench in front of his medical store and was reading newspaper when all of a sudden accused Sharif Ahmad and Bashir Ahmad residents of the same locality armed with hatches emerged there from Dewan Khan Wali Lane. Both the accused inflicted hatchet blows on the head, neck and chin of Muhammad Hasan, who after receiving injuries fell down on the ground. He (the complainant) and others tried to apprehend the accused but they fled away while brandishing their weapons and extending threats of dire consequences. Muhammad Hasan succumbed to the injuries at the spot. 3. The motive for occurrence as alleged was that accused Sharif Ahmad suspected illicit relations of deceased Muhammad Hasan…
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