Case Details

Citation(s)
2014 SLG 2063 2014 SLD 2063 2014 PCRLJ 1695
Lahore High Court
Criminal Miscellaneous No. 1 in Criminal Appeal No.10-J of 2013, decision dated: 10-04-2014
ALI BAQAR NAJAFI, J
Prince Rehan Iftikhar Sheikh for Petitioner. Dr. Muhammad Anwar Khan Gondal, A.P.G. along with Tariq Awan, Inspector with record for the State. Complainant in person

MUHAMMAD RAFIQUE

VS

The STATE and others

Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 426---Penal Code (XLV of 1860), Ss. 320, 279 & 427---Qatl-e-Khata, rash driving on public way and mischief causing damage---Suspension of sentence---Hardened, desperate and dangerous criminal---Rash and negligent driving---Statutory period, exception to---Death of four persons---Accused was convicted and sentenced to imprisonment for seven years for causing death of four minor children---Accused sought suspension of his sentence on statutory delay in decision of appeal---Validity---Exception under S.426, Cr.P.C. provided dismissal of application for suspension on statutory period having been spent, if in the opinion of Court accused was hardened, desperate and dangerous criminal---Manner in which offence was committed showed not only callousness but also brutality on the part of accused as he had taken lives of four minor children due to rash and negligent driving of his tractor trolley during school timings which required special care---Statutory period did not apply to accused and High Court declined to have deeper appreciation of evidence---Petition was dismissed in circumstances. Makhdoom Javed Hashmi v. The State 2008 SCMR 165; Liaqat and another v. The State 1995 SCMR 1819; Masood Khan v. The State PLD 2004 Kar. 386; Safdar Ali Shah v. The State 1997 MLD 961; Abdul Manan v. The State and others 2013 YLR 1175; Zafar Iqbal alias Malanga v. The State 2011 YLR 1547 and Naveed alias Navidi v. The State 2011 PCr.LJ 1971 distinguished. Manzoor Ahmed v. Fazal Ahmed and 3 others 2013 SCMR 1403 rel. ORDER ALI BAQAR NAJAFI, J.---The petitioner namely, Muhammad Rafique was charged in case F.I.R. No.89 dated 12-2-2009 under sections 320, 279, 427, P.P.C. registered at Police Station City Depalpur District Okara. After conclusion of the trial the learned Judicial Magistrate Section 30, Depalpur District Okara vide his judgment dated 11-1-2010 convicted the petitioner for committing Qatl-e-Khata of Tasawar Hussain, Husnain Ahmad, Nagina Bibi and Shumaila Bibi under section 320, P.P.C. and sentenced him to undergo R.I for seven years on four counts for each deceased and with compensation of Rs.11,02,680 to the legal heirs…
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