| Citation(s) |
|---|
| 2003 SLG 891 2003 SLD 891 2003 SCMR 496 |
Supreme Court of Pakistan
Criminal Petition No. 719-L of 2001, decided on 2nd July, 2002. (On appeal from the order, dated 11-10-2001 passed by the Lahore High Court, Multan Bench, Multan in Criminal Revision No. 178 of 2000)
SH. RIAZ AHMAD, C.J., SARDAR MUHAMMAD RAZA AND FAQIR MUHAMMAD KHOKHAR, JJ
Syed Shamim Abbas Bokhari, Advocate Supreme Court with S. Abul Aasim Jafri, Advocate-on-Record for Petitioner. Nemo for the State
Criminal Petition No. 719-L of 2001, decided on 2nd July, 2002. (On appeal from the order, dated 11-10-2001 passed by the Lahore High Court, Multan Bench, Multan in Criminal Revision No. 178 of 2000)
SH. RIAZ AHMAD, C.J., SARDAR MUHAMMAD RAZA AND FAQIR MUHAMMAD KHOKHAR, JJ
Syed Shamim Abbas Bokhari, Advocate Supreme Court with S. Abul Aasim Jafri, Advocate-on-Record for Petitioner. Nemo for the State
SAIF ULLAH
VS
THE STATE
Law: Pakistan Penal Code, 1860
Section: 334,337Q
Law: Criminal Procedure Code (V of 1898)
Section: 544A
Law: Constitution of Pakistan, 1973
Section: 185(3)
(a) Penal Code (XLV of 1860)--- ----Ss.334 & 337-Q---Constitution of Pakistan (1973), Art.185(3)---Accused had chopped off and mutilated the nose of the victim with a knife and he had been convicted under 5.334, P.P.C. for causing hurt in the nature of "Itlaf-i-Udw"--- Accused, therefore, was liable to "Arsh" which would necessarily be equivalent to the value of Diyat in terms of S.337-Q, P.P.C. and was not the same thing as the compensation under S.544-A, Cr.P.C.---High Court had already allowed to the accused a period of three years for making the payment of "Arch"---Impugned did not suffer from any infirmity---Leave to appeal was refused to accused in circumstances. (b) Penal Code (XLV of 1860)--- ----S.337-Q---Criminal Procedure Code (V of 1898), S.544-A---"Aish" not equivalent to compensation---"Arch" under the P.P.C. is not the same thing as the compensation under S.544-A, Cr.P.C. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.---The petitioner seeks leave to appeal against the impugned judgment dated 11-10-2001 passed by the Lahore High Court, Multan Bench, Multan in Criminal Revision No. 178 of 2000. 2. The petitioner and other four co-accused were tried for offences under section 334/109/148/149, P.P.C. for amputating the nose of Zafar Iqbal. The trial Magistrate. Section 30, by judgment dated 19-2-1999, convicted the petitioner under section 334, P.P.C. and sentenced him to rigorous imprisonment for four years with Arsh of Rs.2,40,000 payable to injured P.W. Zafar Iqbal. He was granted the concession of section 382-B, Cr.P.C. However, the other co-accused were acquitted by extending them the benefit of doubt. The appeal and criminal revision of the petitioner were dismissed by the Additional Sessions Judge, Alipur and the Lahore High Court, Multan Bench vide judgments dated 15-6-2000…
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