| Citation(s) |
|---|
| 1979 SLG 150 1979 SLD 150 1979 PLD 129 |
Lahore High Court
Criminal Appeal No. 563 of 1972, heard on 17th September 1978. Date of hearing : 17th September 1978.
MAZHARUL HAQ, J
S. Sayyad Raza Jaffery for Appellant. Ch. Muhammad Yamin for A. G. for the State.
Criminal Appeal No. 563 of 1972, heard on 17th September 1978. Date of hearing : 17th September 1978.
MAZHARUL HAQ, J
S. Sayyad Raza Jaffery for Appellant. Ch. Muhammad Yamin for A. G. for the State.
SHABBIR HUSSAIN alias TIKKA---Appellant
VS
THE STATE--Respondent
Law:
Section:
(a) Penal Code (XLV of 1860)- -- S. 326-Grievous hurt-Complainants corroborating each other and their statements supported by prosecution witness and medical evidence-No motive to falsely implicate accused shown -Accused himself admitting occurrence-Conviction maintained.-[Evidence]. (b) Criminal Procedure Code (V of 1898)- -- S. 393-Sentence of whipping-Accused awarded sentence of more than five years' R. I.-Additional sentence of whipping cannot be awarded in such case.-[Sentence]. (c) Penal Code (XLV of 1860)- -- Ss. 324 & 326-Grievous hurt-Sentence-Accused throwing acid on victim burning his face, eyes and other parts of body-Acid burns rendering victim blind for life-Sentence of fine on two counts enhanced from Rs. 50 to Rs. 1,500 each, in circumstances of case,[Sentence]. JUDGMENT Shabbir Hussain alias Tikka aged 23 years resident of Shahnoor Studio, Multan Road, Lahore, was convicted on 3-7-1972, under section 326/324, P. P. C. by Ch. Hameed Elahi, Magistrate, Lyallpur. On the first count he was sentenced to 7 years' R. I.; and a fine of Rs. 50 default to suffer 2 months' R. I. further. He was also awarded ten stripes. On the second count he was sentenced to three years' R. I. and a fine of Rs. 50 in default to suffer two months' R. I. The fine, if realised, was ordered to be paid as compensation to Inayat and Mst. Liaqat Bibi. Both the sentences were ordered to run consecutively. Appeal of the convict and the connected revision for enhancement of sentence filed by Inayat Muhammad petitioner are before me. 2. About 11 years before the occurrence in this case Shabbir Hussain appellant's mother eloped with Talib Hussain son of P. W. 2 Inayat (injured). Appellant and his father threatened Inayat that if he failed to restore appellant's mother they would kill him. They also demanded his daughter Mst. Liaqat Bibi's hand in marriage for the appellant. Since Inayat refused to oblige them, therefore the appellant and his father bore a grudge against him. 2. Inayat belonged to the gipsy tribe; he lived in a tent near Nishatabad Railway Station, Lyallpur. At peshi vela on 14-12-1971, Shabir Hussain carrying a bottle, containing acid, came there; at that time…
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