Case Details

Citation(s)
2021 SLG 2876 2021 SLD 2876 2021 PLJ 335
Lahore High Court
Crl. Rev. Nos. 510 & 525 of 2013, heard on 2.12.2020.
CH. MUSHTAQ AHMAD, J.
Mehar Ahmad Bakhsh Bharwana, Advocate for Petitioners. Ms. Tahira Parveen, Additional Prosecutor General for State. Mr. Athar Ali Bhinder, Advocate for Complainant.

FALAK SHER AND ANOTHERS

VS

STATE AND ANOTHER

Law: Pakistan Penal Code, 1860

Section: 324,337-F(v),337-A(i),337-A(ii),337-L(2) ,148,149

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 324, 337-F(v), 337-F(iii), 337-A(i), 337-(ii), 337-L(2), 148 149--Conviction and sentence--Challenge to--Recovery of crime weapons from petitioners possession--Corroboration of ocular account by medical and polices were first offenders--During cross-examination of PWs, nothing substantial came out to shatter their veracity--Crime weapons were recovered from petitioners possessions could not bring on record any material regarding ill-will or malice of complainant as well as PWs--Charge against petitioners stands proved--Main charge under Section 324, PPC was against accused who died during trial proceedings--So far as quantum of sentence is concerned, it has been noticed that petitioners are first offenders and no criminal antecedents were brought on record by prosecution showing their involvement in criminal activities--Injuries sustained at hands of present petitioners were not serious in nature--They have already served out major portion of sentences--They were liable to pay amount of Daman and arsh i.e. 5% of diyat to respective injured--Sentence already undergone by petitioners would be sufficient to meet ends of justice--Consequently, while maintaining petitioners conviction, their sentences is reduced to period already undergone--However, they will pay daman/arsh as imposed by Courts below within two months from today before trial Court failing, which law will take its own course--Revision was dismissed. JUDGMENT Through Criminal Revision No. 510/2013, petitioners Falak Sher and Haq Nawaz alias Hakim Kandi and through Criminal Revision No. 525/2013, petitioners Noshair and Aurangzaib, challenged their convictions and sentences respectively. Both these revisions arising out of same FIR, will be decided through single order. Petitioners in above said petitions were tried by learned Judicial Magistrate Section 30 Bhowana in case FIR No. 181 dated 10.06.2005 for the offences under Sections 324, 337-F(v), 337-F(iii), 337-A(i), 337-A(ii), 337-L(2), 148, 149, PPC registered at Police Station Bhowana District Chiniot and on conclusion of trial, petitioners was convicted vide judgment dated 22.02.2013 and sentenced…
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