Pakistan Case Lawโ† Search
1998 MLD 1

MUHAMMAD NAWAZ and others vs STATE

Citation1998 MLD 1
CourtLahore High Court
Case No.Criminal Miscellaneous No, 149-M in Criminal Appeal No, 143 of 1996
Date1996-10-07
Judge(s)Raja Muhammad Khurshid, Muhammad Asif Jan
ResultCompromise allowed

ORDER

MUHAMMAD ASIF JAN, J.---Muhammad Nawaz Shah petitioner/appellant was convicted under section 302, P.P.C. read with section 54, P.P.C. and sentenced to imprisonment for life alongwith a fine of Rs,50,000 and in case of default to further R.I. for 2 years. He was also ordered to pay Rs,50,000 as compensation to the legal heirs of the deceased under section 544-A, Cr.P.C. on two counts, for having caused death of Syed Nau Bahar Shah and Waryam alongwith his brother Riaz Hussain Shah (absconder). Both Muhammad Nawaz Shah petitioner/appellant and absconding accused Riaz Hussain Shah were also convicted under section 34, P.P.C. read with section 34, P.P.C. and sentenced to 7 years R.I. alongwith a one of Rs,10,000 each and in case of default in payment of fine were ordered to undergo further R.I. for one year for having caused injuries to Falak Sher and Alamdar Hussain Shah vide judgment/order g Mr. Muhammad Asif Khan, Judge, Suppression of Terrorist Activities Court, Multan Division, Multan, dated 23-4-1996.

2. Syed Nau Bahar Shah left behind the following legal heirs:--

(i) Mst. Ghulam Jannat, mother,

(ii) Mst. Nadira Bukhari, wife,

(iii) Syed Amjad Hussain Shah,son,

(iv) Syed Alamdar Hussain Shah,son,

(v) Hina Bukhari, daughter, and

(vi) Mina Bukhari, daughter Deceased Waryam was survived by the following legal heirs; i. (i) Sheran Bibi, wife i. (ii) Zafar Abbas, son i. (iii) Mst. Sulekhan, daughter i. (iv) Sughran Bibi, daughter, and i. (v) Shamim Bibi, daughter

3. The abovementioned legal heirs of both the deceased have forgiven Muhammad Nawaz Shah petitioner/appellant and absconding accused Riaz Hussain Shah in the name of Allah, and have sworn affidavits to that effect which have been placed on record alongwith Identity Cards.

4. The abovementioned legal heirs of both the deceased are also present in Court and have reiterated the correctness and genuineness of their affidavits which are also verified by their learned counsel.

5. The above-mentioned legal heirs of both the deceased pray that Muhammad Nawaz Shah and his brother co-accused Riaz Hussain Shah (absconding accused) be acquitted.

6. Falak Sher and Alamdar Hussain Shah, the two injured witnesses are also present in Court. They have also sworn affidavits, which have been placed on record.

Resultantly, this petition is accepted and Muhammad Nawaz Shah petitioner/appellant and Riaz Hussain Shah (absconding accused) are set at liberty unless required in any other case.

Cited by 3 cases

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch