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1989 SCMR 1806

KHUSHI MUHAMMAD vs MUHAMMAD ASLAM and another

Citation1989 SCMR 1806
CourtSupreme Court of Pakistan
Case No.Criminal Petition No, 325 of 1987
Date1989-04-12
Judge(s)Ghulam Mujaddid Mirza, Dr. Javed Iqbal, Saad Saood Jan
ResultPetition dismissed

ORDER

' SAAD SAOOD JAN, J--Muhammad Aslam, respondent, together with his two brothers and father was tried by the Additional Sessions Judge at Bahawalnagar for offences falling under sections 302 and 307, read with section 34 of the Pakistan Penal Code for causing the death of his cousin Muhammad Anwar and making murderous assault upon his two other cousins, Khushi Muhammad and Asghar Ali. The learned Addidional Sessions Judge convicted the respondent alone under section 302, P.P.C. And sentenced him to suffer imprisonment for life. He was also convicted under section 324, P.P.C. For causing simple hurt to Asghar Ali. His brothers were convicted under section 323 read with section 34 of the Pakistan Penal Code. For these offences the respondent and his brothers were sentenced to suffer different terms of impr'sonment. His father was acquitted. The respondent filed an appeal from his conviction and sentence. The High Court dismissed his appeal.

Khushi Muhammad has filed this petition to seek enhancement of his sentence to death.

2. It may be mentioned that the High Court had issued a suo motu notice ! To Muhammad Aslam for enhancement of his sentence but after a full hearing discharged it. The reason which prevailed with the High Court in this, regard was A that Muhammad Aslam had fired at the deceased on the exhortations of his father and two elder brothers. This does not appear to be an insubstantial ground for not imposing the capital sentence. The petition is dimissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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