| Citation(s) |
|---|
| 2004 SLG 1083 2004 SLD 1083 2004 SCMR 997 |
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No. 174-L of 2002, decision dated: 24-04-2002.(On appeal from the judgment dated 6-2-2002 of the Lahore High Court, Lahore, passed in Criminal Appeal No.41-J of 1995 and Murder Reference No.56 of 1995)
TANVIR AHMED KHAN, KHALIL-UR-REHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ
Asghar Ali, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for the State
Criminal Petition for Leave to Appeal No. 174-L of 2002, decision dated: 24-04-2002.(On appeal from the judgment dated 6-2-2002 of the Lahore High Court, Lahore, passed in Criminal Appeal No.41-J of 1995 and Murder Reference No.56 of 1995)
TANVIR AHMED KHAN, KHALIL-UR-REHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ
Asghar Ali, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for the State
NAZAR ABBAS
VS
THE STATE
Law:
Section:
Penal Code (XLV of 1860)-----S.302---Constitution of Pakistan (1973), Art.185(3)---Accused had stated that he would not challenge the merits of the case and prayed for reduction in his sentence--Murder of the deceased was an act of callousness on the part of the accused simply for refusing to give Rishta as desired by him---Accused had failed to substantiate the plea that he was minor at the time of committing the offence---High Court had refused to award lesser sentence to the accused---No plausible reasons for reduction -of sentence having been advanced by the accused, Supreme Court declined interference with the of High Court. ORDER TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment dated 6-2-2002 of the Lahore High Court Lahore, whereby Criminal Appeal No.41-J of 1995 filed by the petitioner was dismissed and the murder reference sent by the trial Court was answered in the affirmative by confirming his death sentence. The facts briefly stated are that F.I.R. No.55 of 1993 was got recorded on 29-3-1993 at 5-05 p.m. at Police Station, 18-Hazari, District Jhang, under section 302/34, P.P.C. for an occurrence stated to have taken place at 4-00 p.m. on the same day. It was case of the complainant that the petitioner alongwith his two acquitted co-accused having .32 bore pistol caused fire-arm injury to Dilmeer on the front side of his chest, whereafter he inflicted another injury on the right side of his chest which proved fatal resulting into his instantaneous death. After usual investigation challan was submitted in the Court. The learned Sessions Judge, Jhang, through his judgment dated 14-2-1995 acquitted the co-accused of the charge and convicted the petitioner under section 302, P.P.C. sentencing him to death with an order to pay compensation to the legal heirs of the deceased to the tune of Rs.50,000 and in default whereof, he was to suffer six months S. I. The petitioner filed aforesaid Jail appeal assailing his conviction and sentence and a learned Division Bench of the Lahore High Court has dismissed the above appeal by confirming his…
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