| Citation(s) |
|---|
| 2002 SLG 1354 2002 SLD 1354 2002 SCMR 1201 |
Supreme Court of Pakistan
Criminal Petition No.565-L of 2001, decision dated: 12-03-2002.
MIAN MUHAMMAD AJMAL AND SYED DEEDAR HUSSAIN SHAH, JJ
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Criminal Petition No.565-L of 2001, decision dated: 12-03-2002.
MIAN MUHAMMAD AJMAL AND SYED DEEDAR HUSSAIN SHAH, JJ
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GHULAM HUSSAIN
VS
MUHAMMAD NAWAZ and 2 others
Law:
Section:
Penal Code (XLV of 1866)---S.302(c)/34---Constitution of Pakistan (1973). Art.185(3)---Sentence, reduction of---Impugned passed by High Court reducing the sentence of each accused from death to 14 years R.I. was based on sound and cogent reasons and did not suffer from any misreading or non-reading of evidence, jurisdictional error or misconstruction of law---No question of general public importance as contemplated under Art. 185(3) of the Constitution was involved in the case---Leave to appeal was declined to the complainant by the Supreme Court accordingly. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.---Leave to appeal is sought against the judgment, dated 26-7-2001 passed by the Lahore High Court, Multan Bench, Multan in Criminal Appeal No.295 of 1999 and Murder Reference No.353 of 1999. 2. The facts in brief are that Ghulam Hussain complainant was working as Assistant (Munshi) at the brick kiln of Jahangir Khan, situate at a metalled road Rorida Thatha Gurmani, within the Revenue estate of village Dogar Klasra. In routine, he reached his house in village Jhandeer Darija at about Deegarwela and saw that his son Mureed Hussain, Muhammad Nawaz alias Nazoo, Riaz Hussain sons of Kalo and Ghulam Qadir alias Nabi son of Pathana were busy in cultivating sugarcane in his land, which is nearby his house. In the evening, Muhammad Nawaz and others took meals in his house and then went to their house, which is at a distance of 3/4 acres. At about 8-30/9-00 p.m. Muhammad Nawaz again came to house of the complainant and took his son Mureed Hussain to his house. He alongwith his other family members slept. At about 1-00 a.m. (night) on hearing commotion, he alongwith his son Manzoor Hussain, and his nephew Muhammad Anwar went towards house of Muhammad Nawaz alias Nazoo. Upon reaching there, they saw in the torch-light that Muhammad Nawaz alias Nazoo, Riaz Hussain and Ghulam Qadir alias Nabi armed with hatchet, Chhurra (dagger type) and a Sota, respectively had tied Mureed Hussain with the string alongwith a Khamba inside the room. Within their view, Muhammad Nawa, alias Nazoo delivered hatchet blows on the neck of Mureed Hussain and Ghulam Qadir caused Sota blows on different…
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