| Citation(s) |
|---|
| 1982 SLG 415 1982 SLD 415 1982 SCMR 662 |
Supreme Court of Pakistan
Criminal Petitions for Special Leave to Appeal Nos. 294 and 305 of 1981, decision dated: 17-02-1982.(Against the judgment of the Lahore High Court dated 1-6-81 in Criminal Appeal No. 164/1980)
ASLAM RIAZ HUSSAIN, NASIM HASAN SHAH, SHAFIUR REHMAN AND M. S. H. QURESHI, JJ
Nemat Ullah Khan, Advocate Supreme Court and Iqbal Ahmed Qureshi, Advocate-on-Record (absent) for Petitioner. Nemo for the State. Zafar Pasha Chaudhry, Advocate Supreme Court and Mehmood A. Qureshi, Advocate-on-Record for Petitioner. Nemo for the State
Criminal Petitions for Special Leave to Appeal Nos. 294 and 305 of 1981, decision dated: 17-02-1982.(Against the judgment of the Lahore High Court dated 1-6-81 in Criminal Appeal No. 164/1980)
ASLAM RIAZ HUSSAIN, NASIM HASAN SHAH, SHAFIUR REHMAN AND M. S. H. QURESHI, JJ
Nemat Ullah Khan, Advocate Supreme Court and Iqbal Ahmed Qureshi, Advocate-on-Record (absent) for Petitioner. Nemo for the State. Zafar Pasha Chaudhry, Advocate Supreme Court and Mehmood A. Qureshi, Advocate-on-Record for Petitioner. Nemo for the State
Cr. P. S. L. A. No. 294/1981 ABDUL RASHID ETC.
VS
THE STATE Cr. P. S. L. A. No. 305/1981 AHMAD ALI vs ABDUL RASHID AND OTHERS
Law:
Section:
Constitution of Pakistan (1973)--Art. 185(3) read with Penal Code (XLV of 1860), Ss. 307/149 & 325/149 - Contention that convicts could not be held guilty and in any case High Court could not while altering conviction from S. 307/149 to one under Ss. 325/149 enhance sentence, contravening thereby S. 423 (1) (b) of Criminal Procedure Code, 1898-Held: Substantial questions of law raised and require examination-Leave to appeal granted-Criminal Procedure Code (V of 1898), S. 4231970 S C M R 840(b).[Sentence]. Dalmir v. State 1970 S C M R 840 ref. Cr. P. S. L. A. No. 294/81 ORDER SHAFI-UR-REHMAN, J.-Abdur Rashid along with four others was convicted by the trial Court under sections 302/149, 307/149 and 148, P. P. C. and sentenced to life imprisonment for the first, three years' R. I. for the second and one year's R. I. for the third offence apart from fine imposed. On appeal the High Court altered their convictions to one under section 325/149 (two counts) and sentenced them to seven years' R. I. On each count apart from fine, which on realization was to be paid as compensation. Their conviction and sentence under section 148, P. P. C. was maintained. 2. The complainant, as well as the convicts, have by separate…
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