Case Details

Citation(s)
1972 SLD 3055 = 1972 SCMR 171
Supreme Court of Pakistan
Petition for Special Leave to Appeal No. 46 of 1972, decided on 10th March 1972. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated the 9th February 1972, in Criminal Appeal No. 469 of 1967).
Presented By: Sajjad Ahmad and Waheeduddin Ahmad, JJ
Mahmood Majid Khan, Advocate Supreme Court instructed by Raja Abdul Razzaque, Advocate-on-Record for Petitioner. Nemo for the State.

Shaikh MUHAMMAD YAQUB-Petitioner

VERSUS

THE STATE-Respondent

Law: Conciliation Courts Ordinance, 1961

Section: 18

Conciliation Courts Ordinance (XLIV of 1961), S. 18 read with Sched, Part I, Section A-Cognizable case relating to offences specified in Section A, Part I of Schedule investigated by Police and taken to a criminal Court-Court has discretion to send case to Conciliation Court or to try itself. Date of hearing : 10th March 1972.                                                                                                                                         JUDGMENT SAJJAD AHMAD, J.-The petitioner, Muhammad Yaqub,. was convicted by a learned Single Judge of the Lahore High Court in original criminal jurisdiction, for offences under sections 323,.504 acid 342/34, P. P. C. He was sentenced to imprisonment for one year and a fine of Rs. 1,000, or, in default of payment, six months' R. I., under section 323, P. P. C. Under section 504, P. P. C. he was awarded a sentence of 6 months' R. I. and to pay Rs. 500, or, in default, three months' R. I. Under section 342/34, P. P. C. he was only sentenced to a fine of Rs. 100, or, in default, one .month's R. I. The sentences of imprisonment under all the 'offences were made to run concurrently. His co-accused, Muhammad Farooq, who is his younger brother, was convicted tinder section 342/34, P. P: C. but sentenced only to a fine of as. 50, or, in default, to one-week's R. I. The leniency in the sentence in his case was due to the ground that he had acted under the ' influence of his elder brother, i.e., petitioner Muhammad-Yaqub. .…
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