IQBAL HUSSAIN SHAH vs FAZAL SHAH AND Another — 1971 SCMR 377

Citation: 1971 SCMR 377

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: IQBAL HUSSAIN SHAH vs FAZAL SHAH AND Another

Headnotes

Case cited as 1971 SCMR 377

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title: IQBAL HUSSAIN SHAH vs FAZAL SHAH AND Another Case No.:Criminal Appeal No. 788 of 1969 Petition for Special Leave to Appeal No. 43 JUDGMENT Reported As: 1971 SCMR 377 Result: Leave refused Judgment JUDGMENT HAMOUDUR RAHMAN, C. J.-This petition has been filed by a private complainant to challenge the reduction of the sentence of the respondent No. 1, by the Lahore High Court, from death to transportation. The said respondent was charged for the murder of one, Riaz Hussain' and the attempted murder of one, Muhammad Waris, on the 15th of November 1968, a little after sunrise, in the area of village Sheikh Chuhar, Police Station Sadar, Jhang. He was tried by the Additional Sessions Judge, Lyallpur, convicted of both offences and sentenced to death under section 30 2 and to three years' R. I. Under section 307, P. P. C. Together with a fine of Rs. 1,000 or in default further rigorous imprisonment for six months. On appeal and reference, the High Court upheld the convictions but reduced the sentence under section 302, P. P. C. From death to transportation for life on the ground that the conduct of the respondent was "much different from the conduct of a person who pre-plans a cold-blooded murder and executes it by firing on unarmed victims". For coming to this conclusion the High Court has given five reasons. The first is that before firing shots the respondent pleaded with the complainant…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.