| Citation(s) |
|---|
| 2013 SLG 2149 2013 SLD 2149 2013 YLR 119 |
Lahore High Court
Criminal Miscellaneous No. 1 of 2012 in Criminal Appeal No. 328-J of 2011, decided on 12th March, 2012
SAYYED MAZAHAR ALI AKBAR NAQVI, J
Shaharyar Sheikh for Petitioner. Mian Muhammad Awais Mazhar, Deputy Prosecutor General for the State
Criminal Miscellaneous No. 1 of 2012 in Criminal Appeal No. 328-J of 2011, decided on 12th March, 2012
SAYYED MAZAHAR ALI AKBAR NAQVI, J
Shaharyar Sheikh for Petitioner. Mian Muhammad Awais Mazhar, Deputy Prosecutor General for the State
ABDUL RAZZAQ and 2 others
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 426---Penal Code (XLV of 1860), Ss.302/337-A(ii)/337-F(i)/337-L(2)--- Qatl-e-amd, shajjah-i-mudihah, ghayr-jaifah damiyah, other hurt---Suspension of sentence---Injury sustained by deceased which had been assigned to the accused was simple in nature---General allegation against accused and co-accused of causing injuries to the prosecution witnesses---One of the injured prosecution witnesses had not been produced by the prosecution to substantiate the injuries---Accused was behind the bars and had already suffered about eight years of incarceration and there was no likelihood of fixation of his main appeal in the future---Conviction and sentence awarded to accused was suspended and he was admitted to bail. ORDER SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Through the instant petition filed under section 426, Cr.P.C. Shafiq Ahmad alias Kala, petitioner has sought for suspension of his sentence and admitting him to bail pending disposal of the above-mentioned appeal. 2. Being involved in case F.I.R. No.158 of 2004, dated 20-4-2008, offence under sections 302, 452, 337A(ii), 337L(2), 337F(i), 34 P.P.C., registered with Police Station, Langrana, Chiniot, the petitioner was tried by learned Additional Sessions Judge, Chiniot, who vide judgment dated 25-6-2011, convicted the petitioner as under:-- (i) Under section 302(b), P.P.C., and sentenced him to imprisonment for life as Ta'zir. (ii) Under section 337A(ii), P.P.C., and sentenced to imprisonment for five years' R.I. and arsh equal to 5% of the Diyyat notified by the Government in the year 2004 for causing hurt to Mst.Nazeeran. (iii) Under section 337-L(2), P.P.C., and sentenced to imprisonment for two years' R.I. with daman of Rs.5,000. (iv) Under section 337 F(i), P.P.C., and sentenced to imprisonment for one year's R.I. and daman of Rs.5,000 for causing injuries to Mst.Nazeeran and Mst.Samina Bibi. All the sentences were ordered to run concurrently and benefit of section 382-B, Cr.P.C. was also extended in favour of the petitioner. 3. Learned counsel for the petitioner submits that the learned trial Court has misled the evidence available on record, which has resulted into…
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