Case Details

Citation(s)
2018 SLG 564 2018 SLD 564 2018 MLD 559
Lahore High Court
Cr. Revision No. 283 of 2014, decision Date : 13-02-2017.
AHMAD RAZA GILANI, JUSTICE
Ch. Saghir Ahmad for the Petitioners. Abdul Wadood, Deputy Prosecutor General for the State. Muhammad Majid Shahbaz Khokhar for the Complainant/
Respondent No. 2.

MUHAMMAD RAMZAN AND ANOTHER

VS

THE STATE AND ANOTHER

Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 324, 337-F(iii) & 337-F(v)---Attempt to commit qatl-i-amd, causing mutalahimah, causing hashimah---Appreciation of evidence---Sentence, reduction in---Mitigating circumstances---Prosecution case was that accused persons armed with fire-arm weapons assaulted on the complainant party---Accused made a fire which hit the injured/son of complainant on his left thigh and also his penis---Co-accused made fire with his rifle which hit the left thigh of the injured---Accused persons did not challenge the conviction and submitted that both the accused persons had served 3-1/2 years as substantive sentence---If the remissions earned were included in the period of imprisonment, they would be released---Record showed that both the parties earlier were not on inimical terms; occurrence had erupted over a petty matter---Evidence of Medical Officer showed that injuries caused to the injured could be caused with one fire---Said circumstances and facts could be considered as mitigating circumstance, as such, sentences awarded to the accused persons by the Trial Court were reduced to already undergone in circumstances. THIS ORDER PASSED BY: AHMAD RAZA GILANI, JUSTICE:---.--- Petitioners Muhammad Ramzan son of Muhammad Bukhsh and Javed Iqbal son of Muhammad Ramzan were booked in case FIR No. 415 dated 17.08.2011, under sections 324/ 337-F(iv), P.P.C. registered at police station City Layyah on the complaint of Zakir Hussain. Both of them were charge sheeted and tried by the learned Magistrate Sec-30, Layyah, who vide judgment dated 28.04.2014 convicted and sentenced them as under:- i) Under section 324, P.P.C. to undergo seven years Rigorous Imprisonment each. ii) Under section 337-F(iii), P.P.C. to undergo three years Rigorous Imprisonment with Rs.50,000/- Daman each. iii) Under section 337-F(iv), P.P.C. to undergo four years Rigorous Imprisonment with Rs.50,000/- Daman each. All sentences were ordered to be run concurrently and benefit of section 382-B, Cr.P.C. was also extended to the convicts. Both the convicts preferred appeal against their convictions and sentences before the learned Additional Sessions Judge, Layyah but their appeal…
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