1. MUHAMMAD AFZAL ZULLAHJ.--Heard, Subject to the petitioner paying rupees 1,800 p.m. As compensation for use and occupation from the date of expiry of the period granted by the High Court, possession of the petitioner shall not be disturbed during the pendency of matter in the Supreme Court.
2. The first monthly amount of compensation shall be paid before 15th March, 1985. The subsequent payments shall be made accordingly. The payment shall be made in the form of deposits with the Assistant Registrar I of this Court. It shall be invested in khas deposits. The principal and the profits shall be paid in accordance with the final decision by this Court.
3. The amount determined above is tentative regarding payment for use and occupation and is distinguishable from rent which the petitioner shall continue to deposit as already being deposited.
4. S. Q./S-6/SStay granted.
5. 1987 SCMR 649(1)
6. Present: Muhammad Haleem, C.J., S. A. Nusrat, and Zaffar Hussain Mirza, JJ MUHAMMAD ASLAM--Petitioner Versus RAJA AZHAR MAHMOOD and another--Respondents Criminal Petition No.43-K of 1985, decided on 11th August,1986. (On appeal from the judgment and order of the High Court of Sind at Karachi dated 13-5-1985 passed in Conf. Case No.19 of 1984 Criminal Appeal No.53 of 1984) .
7. Constitution of Pakistan (1973)-- ---Art. 185(3)--Penal Code (XLV of 1860), S. 300, Exception 1 & S.302--Contention that High Court was in grave error in giving benefit of Exception 1 to S.300 to respondent as there was no evidence on record to justify it and that the alteration of conviction on capital charge had resulted in miscarriage of justice--Matter, held, required consideration--Leave to appeal granted.
8. Usman Ghani Rashid, Advocate Supreme Court instructed by Faizanul Haq, Advocate-on-Record for Petitioner.
9. A. Sattar Shaikh, Additional Advocate-General for Respondents.
10. Date of hearing: 11th August, 1986.