| Citation(s) |
|---|
| 2003 SLG 927 2003 SLD 927 2003 SCMR 663 |
Supreme Court of Pakistan
Criminal Miscellaneous Petition No. 123 and Criminal Petition No. 39 of 2002, decided on 17th January, 2003. (On appeal from the judgment/order, dated 25-9-2001 passed by Lahore High Court, Rawalpindi Bench in Criminal Appeal No. 386-T of 2000)
IFTIKHAR MUHAMMAD CHAUDHRY, ACTG. C.J., ABDUL HAMEED DOGAR AND SARDAR MUHAMMAD RAZA KHAN, JJ
Talib H. Rizvi, Senior Advocate Supreme Court and M.A. Zaidi. Advocate-on-Record for Petitioners. Dr. Babar Awan, Advocate Supreme Court for the Complainant. Nemo for the State
Criminal Miscellaneous Petition No. 123 and Criminal Petition No. 39 of 2002, decided on 17th January, 2003. (On appeal from the judgment/order, dated 25-9-2001 passed by Lahore High Court, Rawalpindi Bench in Criminal Appeal No. 386-T of 2000)
IFTIKHAR MUHAMMAD CHAUDHRY, ACTG. C.J., ABDUL HAMEED DOGAR AND SARDAR MUHAMMAD RAZA KHAN, JJ
Talib H. Rizvi, Senior Advocate Supreme Court and M.A. Zaidi. Advocate-on-Record for Petitioners. Dr. Babar Awan, Advocate Supreme Court for the Complainant. Nemo for the State
GHULAM SHABBIR and 2 others
VS
THE STATE
Law: Pakistan Penal Code, 1860
Section: 302,149,337A(i),149,148
Law: Criminal Procedure Code (V of 1898)
Section: 345
Law: Constitution of Pakistan, 1973
Section: 185(3)
Law: Anti Terrorism Act, 1997
Section: 9
Penal Code (XLV of 1860)--- ----Ss.302/149, 337-A(i)/149 & 148---Anti-Terrorism Act (XXVII of 1997), S.9---Criminal Procedure Code (V of 1898), S.345---Constitution of Pakistan (1973), Art. 185(3)---Compromise---Legal heirs and Wali of the deceased and the injured victims had compounded the offence with the accused on their behalf as well as on behalf of minors voluntarily without any duress or coercion and had waived their rights of Qisas and did not claim Diyat---Minors were entitled to the share of Diyat amount and their respective shares had been invested in Government Scheme of DSCs with National Saving Centre which would be paid to them on their attaining majority---Legal heirs of the deceased and the injured victims were accordingly` allowed to compound the offence with the accused in order to maintain cordial relations and bury the hatchets forever--Accused were acquitted in circumstances. ORDER ABDUL HAMEED DOGAR, J.-Petitioners named above by means of instant petition have .assailed the judgment dated 26th September, 2001 passed by Lahore High Court, Rawalpindi Bench. 2. Precisely stating facts, necessary for disposal of instant case are that petitioners along-with other co-accused were tried for the charge under sections 302/324/337-A(ii)/148 and 149, P.P.C read with section 9 and sections 6,7 and 8 of Anti-Terrorism Act, 1997 by the Special Court constituted under Anti-Terrorism Act, 1997, in pursuance of F.I.R. No. 174, dated 13th August, 1993 registered at Police Station Jand, District Attock. Learned trial Court on conclusion of the trial found the petitioners guilty of the charge and vide judgment dated 23rd September 2000 sentenced them as under:-- 1. Under sections302/49, P.P.C. Sentenced petitioner Ghulam Shabbir to imprisonment for life with a fine of Rs.20,000 payable to the legal heirs of deceased Siddique Umar under section 544-A, Cr.P.C. Sentenced petitioners Ghulam Shabbir, Ghulam Raza and Mushtaq Ahmed to undergo R.I. for 10 years each with fine of Rs.10,000 each payable to the legal heirs of Siddique Umar deceased under section 544-A, Cr. P. C. 2. Under section 324, P.P.C Sentenced petitioner Ghulam Raza to 7 years' R.I. with…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492