| Citation(s) |
|---|
| 2016 SLG 3685 2016 SLD 3685 2016 MLD 1791 |
Lahore High Court
MAZHAR IQBAL SIDHU, JUSTICE
Bilal Ahmad Hassan for Petitioner. Iftikhar-ul-Haq Chaudhry, Addl. Prosecutor General for the State. A.D. Kahloon for the Complainant.
MAZHAR IQBAL SIDHU, JUSTICE
Bilal Ahmad Hassan for Petitioner. Iftikhar-ul-Haq Chaudhry, Addl. Prosecutor General for the State. A.D. Kahloon for the Complainant.
UMMER HAYAT-
VS
. THE STATE AND another
Law:
Section:
Criminal Procedure Code (V of 1898)--------- ----------S.426---------Penal Code (XLV of 1860), S. 302(c)---------Qatl-i-amd---------Suspension of sentence pending appeal---------Trial Court, in impugned , had disbelieved the prosecution version, and had found the act of accused as defensive---------When the Trial Court had held the bulwark act of accused against the deceased as justified, it was then incomprehensible as to how the court had branded same as illegal---------Reprobation, approbation, could not proceed simultaneously---------Petition for suspension of sentence was accepted; quantum of sentence inflicted upon accused was suspended and he was granted bail, in circumstances. THIS ORDER PASSED BY: MAZHAR IQBAL SIDHU, JUSTICE:--------- The petitioner was tried to conviction under section 302(c), P.P.C. to undergo rigorous imprisonment for fourteen years by discarding the prosecution evidence and relying upon her statement recorded under section 342, Cr.P.C. 2. Learned counsel for the petitioner submits that when the prosecution case has been found false, then the plea of the accused is liable to be accepted in its totality and it has been admitted by the learned trial court in the impugned judgment that the petitioner acted while exercising his right of self defence then by exceptions contained under section 100, Cr.P.C, he deserves acquittal rather his conviction and sentence under section 302(c), P.P.C.. In these circumstances, the instant petition deserves to be accepted. 3. Submissions have been opposed by the learned Additional Prosecutor General assisted by the learned counsel for the complainant on the grounds that the material available on the record justifies the conviction and sentence of the petitioner under section 302(b), P.P.C. and the learned trial court has erroneously came to the conclusion to hold him guilty under section 302(c) P.P.C. Learned counsel for the complainant has further argued that the complainant has filed a…
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