| Citation(s) |
|---|
| 2016 SLG 3633 2016 SLD 3633 2016 MLD 1569 |
Lahore High Court
SHAHID HAMEED DAR, JUSTICE
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SHAHID HAMEED DAR, JUSTICE
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FATEH MUHAMMAD AND ANOTHER
VS
THE STATE - --Respondent
Law:
Section:
Penal Code (XLV of 1860)--- ---Sections 336, 324, 337-A (ii), 337-F (ii), 337-F (iv), 337-F (vi), 34 & 109---Itlaf-e-salahiyyat-e-udw, attempt to commit qatl-e-amd, shajjah-e-mudihah, ghayr-jaifah badi'ah, ghayr-jaifah mudihah, ghayr-jaifah munaqqilah, common intention and abetment---Appreciation of evidence---Statement of accused that they would not challenge their conviction and instead of they would pay Arsh and Daman amount to the injured if the sentence of imprisonment served by them so far was deemed sufficient and not objected to by the prosecution---Acceptance of said offer by the complainant party if payment was made to the injured forthwith before the court---Scope---Accused had injured prosecution witness by having lost self-control---Complainant party had received amount of Arsh and Daman fixed by the Trial Court --------- Parties had decided to bring end to their hostility---Sentence already served by the accused in jail before they were set at liberty on bail was sufficient to make it even with the accommodative approach of the parties---Conviction recorded by the Trial Court was sustained in circumstances---Appeal was dismissed with a modification of sentence of the accused. Mubeen Ahmad Siddiqui for Appellants. Rana Tasawar Ali Khan, Deputy Prosecutor General Punjab the State. Iftikhar Ahmad Mian and Muhammad Ashraf for the State. THIS JUDGMENT DELIVERED BY: SHAHID HAMEED DAR, JUSTICE:------------------ This judgment shall dispose of criminal appeal No.192 of 2005, instituted by Fateh Muhammad & Muhammad Arif (appellants), who had been held guilty of the charge, they were indicted for and sentenced to various terms of imprisonment and other pecuniary punishments, vide judgment dated 25.1.2005, pronounced by learned additional sessions judge, camp at Malakwal, district Mandi Baha-ud-Din, on conclusion of their trial in respect of case-FIR No.180/2001, dated 25.6.2001, under sections 324, 337-A(ii), 337-F(ii), 337-F(iv), 337-F(vi)/34, 109, P.P.C., registered at police station tvlalakwal (Mandi Baha-ud-Din). The detail of sentence awarded to the appellants read as under:-- I) FATEH MUHAMMAD: a) Under section 337-A(ii) P.P.C. to rigorous…
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