| Citation(s) |
|---|
| 1963 SLG 3633 = 1963 SLD 3633 = 1963 PLD 737 |
Supreme Court of Pakistan
Criminal Appeals Nos. 47 and 48 of 1963, decided on 15th October 1963.
Presented By: A. R. Cornelius, C. J., S. A. Rahman, Fazle-Akbar, B. Z. Kaikaus and Hamoodur Rahman, JJ
Nemo for Appellant. Attaullah Sajjad Additional Advocate-General, West Pakistan M. Z. Kitchlew Advocate Supreme Court with him) instructed by Ijaz Ali Attorney for
Respondent (in both appeals.) Date of hearing: 15th October 1963.
Criminal Appeals Nos. 47 and 48 of 1963, decided on 15th October 1963.
Presented By: A. R. Cornelius, C. J., S. A. Rahman, Fazle-Akbar, B. Z. Kaikaus and Hamoodur Rahman, JJ
Nemo for Appellant. Attaullah Sajjad Additional Advocate-General, West Pakistan M. Z. Kitchlew Advocate Supreme Court with him) instructed by Ijaz Ali Attorney for
Respondent (in both appeals.) Date of hearing: 15th October 1963.
Criminal Appeal No. 47 of 1963 AHMAD-Appellant
VERSUS
THE STATE-Respondent AND Criminal Appeal No. 48 of 1963 NOORA-Appellant Versus THE STATE-Respondent
Law: Penal Code (XLV of 1860)
Section:
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 28th September 1959, in Criminal Revision No. 45 of 1957). Penal Code (XLV of 1860), Ss. 397 & 398-Words "uses any deadly weapon" in S. 397-To be read consistently with provisions of S. 398-Mere carrying of deadly weapon while committing dacoity-Within mischief of S. 397. Sheroo v. Crown P L D 1950 Lah. 269 approved. JUDGMENT S. A. RAHMAN, J.--This order will deal with Criminal Appeals Nos. 47 and 48 of 1963 sent from Jail by Ahmad son of Murad and Noora son of Ahmad. The two appellants, along with five others, were tried under sections 395 and 397, P. P. C. by a Magistrate, 1st Class, with section 30 powers, at Lyallpur. Out of the accused persons, it appears, Noora son of Rahman was sentenced to death in some other case and consequently the proceedings against him in the present case were stopped. Eventually, Sadoo, out of the accused was found guilty under section 412, P. P. C. only and sentenced to two years' rigorous imprisonment, but the remaining accused persons were convicted and sentenced under sections 395/397, P. P. C., to four years' rigorous imprisonment each. A reference was made to the High Court of West Pakistan by the Additional District Magistrate, Lyallpur, under section 438, Criminal Procedure Code, recommending that the sentences of the convicts be enhanced to seven years' rigorous imprisonment each as that was the minimum legal sentence where the con?viction was under section 395, P. P. C. read with section 397, P. P. C. This recommendation was accepted by a learned Single Judge of the High Court on the 28th September 1959 and the convicts sentences were enhanced to seven years' rigorous imprisonment each. It was not brought to the notice of the learned Single Judge that in the meantime four of the convicts, namely, Sadoo, Chena, Noora son of Amir and Amir son of Mahi, had appealed to the Sessions Court and by order dated the 28th of March 1958, the learned Sessions Judge, Lyallpur, had allowed their appeals and set aside their convictions and sentences. The mistake was apparently detected…