Case Details

Citation(s)
2002 SLG 991 2002 SLD 991 2002 PCRLJ 762
Lahore High Court
Criminal Appeal No. 1052 of 1998, heard on 29th October, 2001.
SHEIKH ABDUR RAZZAQ, J
M.A. Zafar for Appellants. Mubeen ud Din Qazi for the Complainant. Ch. Muhammad Nazir for the State.

IMTIAZ and 3 others--Appellants

VS

THE STATE --Respondent

Law: Penal Code (XLV of 1860)

Section: 324/34,337-A(ii),337-F(i)

Law: Criminal Procedure Code (V of 1898)

Section: 345

Penal Code (XLV of 1860) Ss. 324/34, 337 A(i), 337 A(ii) 337 F(i) Criminal Procedure Code (V of 1898), S.345 Appreciation of evidence Sentence ¬Compromise between the parties Effect Complainant as well as the injured persons had entered into compromise with three out of the four accused Fourth accused who had been assigned the role of causing injuries to the injured and had been sentenced to undergo R.I. for seven years and fine had been in jail for the last four years Said fourth accused having adequately been punished for his offence, the period of sentence already undergone by him would meet the ends of justice ¬Sentence awarded to the accused was reduced to the period already undergone by him Other three accused persons who were on jail, their bail bonds stood discharged. M.A. Zafar for Appellants. Mubeen ud Din Qazi for the Complainant. Ch. Muhammad Nazir for the State. Date of hearing: 29th October, 2001 JUDGMENT Instant appeal is directed against the judgment, dated 29 10 1998 whereby the trial Court has convicted the appellant to different sentences mentioned therein. 2. Briefly stated the facts are that on 19 7 1997 the complainant Muhammad Zulfiqar alongwith his brother Waris were going to their house on their car. When they reached Bus Adda Jhal Chak No. 116/North Muhammad Sharif son of Hadayat, Asghar alias Achhu, Muhammad Aslam alias Toti sons of Muhammad Sharif armed with iron rod. and Imtiaz armed with .12 bore gun emerged and Muhammad Sharif raised Lalkara and instigated his companions that the complainant and his brother be not allowed to go alive. Muhammad Sharif, Muhamtnad Asghar alias Achhu and Muhammad Aslam alias Toti accused inflicted injuries with their respective weapons on Khalid Nawaz whereas Imtia7 Ahmed accused fired with his .12 bore gun hitting Muhammad Waris on his face, chest, abdomen and right arm. On their hue and cry Muhammad Rafique and Javed were attracted and seeing them coming the assailants left from the place of occurrence. The motive behind this occurrence is stated to be that on 18 7 1997 Muhammad Waris alongwith, Muhammad Javed had approached Imtiaz Ahmed accused for the return of price of motor cycle upon which hot…
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