Law: Criminal Procedure Code (V of 1898)

Section: 35,397

Law: Pakistan Penal Code, 1860

Section: 34,302,324

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 35 & 397---Penal Code (XLV of 1860), Ss.302, 324 & 34---Conviction of several offences at different trials---Sentence of accused already sentenced for another offence---Discretion of court---Scope---Concurrent running of sentences---Accused was convicted and sentenced to death along with imprisonment and fine in two FIRs at different trials---Death sentence in both cases was altered to imprisonment for life while other sentences were stayed---Running of two different sentences, whether concurrently or consecutively, in both FIRs was not mentioned---Held, that case of accused fell under S. 397, Cr.P.C. which provided discretion to the court to exercise powers moderately and judiciously---Convict, in the present case, was about 80-years of age and had undergone 13-years of rigorous imprisonment---Sentences in both FIRs were ordered to run concurrently by High Court---Petition was allowed accordingly. Ali Fouzan v. The State 2013 PCr.LJ 652; Nasir Mehmood v. The State 2013 YLR 1340 and PLD 2015 SC 15 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 35---Sentence in case of conviction of several offences at one trial---Scope---Section 35, Cr.P.C. was applicable to the accused who was tried for two or more offences in one and the same FIR and was convicted and awarded different sentences for each offence in single trial. THIS JUDGMENT DELIVERED BY: MUHAMMAD IBRAHIM KHAN, J--- This is a Jail Cr. Misc. petition No.86-P/2016 submitted by Dilbar son of Sahib Gul through the office of Superintendent Central Prison, Haripur. He was convicted and sentenced in two different cases on 29.04.2006 in i. FIR No.525 dated 09.09.2003 of Police Station Lahor under section 302/34, P.P.C. to death with compensation of Rs.50,000/- or in default to undergo 6 months' S.I. ii. FIR No.776 dated 23.12.2001 of Police Station Lahor: a) Under section 302, P.P.C. to Death with compensation of Rs.50,000/- or in default to undergo 06 months' S.I. b) Under section 324/34, P.P.C. to 03 years' R.I with fine of Rs.5000/- or in default to undergo 02 months' S.I. and compensation of Rs.10,000/- or in default to undergo 03 months' S.I. c)…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492