| Citation(s) |
|---|
| 1983 SLG 402 1983 SLD 402 1983 SCMR 638 |
Supreme Court of Pakistan
Criminal Petition for Special Leave to Appeal No. 143 R/1982 and Criminal Petition No. 135 R 1982, decision dated: 12-10-1982.(Against the judgment of the Lahore High Court, Rawalpindi Bench, dated 4 4 1982 passed in Cr. A. No. 785/1980)
ASLAM RIAZ HUSSAIN AND MIAN BURHANUDDIN KHAN., JJ
Ch. Muhammad Abdul Wahid, Advocate Supreme Court with Kh. Akhtar Ali. Advocate on-Record (in Cr. P. 143 R/82) with Bashir Zafar Advocate Supreme Court, (in Cr. P. 135 R 821 for Petitioner. Nemo for the State
Criminal Petition for Special Leave to Appeal No. 143 R/1982 and Criminal Petition No. 135 R 1982, decision dated: 12-10-1982.(Against the judgment of the Lahore High Court, Rawalpindi Bench, dated 4 4 1982 passed in Cr. A. No. 785/1980)
ASLAM RIAZ HUSSAIN AND MIAN BURHANUDDIN KHAN., JJ
Ch. Muhammad Abdul Wahid, Advocate Supreme Court with Kh. Akhtar Ali. Advocate on-Record (in Cr. P. 143 R/82) with Bashir Zafar Advocate Supreme Court, (in Cr. P. 135 R 821 for Petitioner. Nemo for the State
Cr. P. S. L. A. No. 143 R/1982 KHIZAR HAYAT AND OTHERS
VS
THE STATE AND Cr. P. No. 135 R/1982 GHULAM NABI vs KHIZAR HAYAT
Law:
Section:
(a) Penal Code (XLV of 1860) -- S.302/34 Evidence, re appraisal of Petitioner not raising any question of law and only praying for re appraisal of evidence Case, being not fit for re appraisal of evidence Petition dismissed Cons-titution of Pakistan (1973), Art. 185 (3). [Evidence]. (b) Constitution of Pakistan (1973) Art. 185 (3) Sentence, enhancement of Petition for enhance¬ment of sentence barred by 40 days Reasons advanced for condona¬tion of delay not convincing Petition dismissed as barred by time. ORDER ASLAM RIAZ HUSSAIN, J. This order shall dispose of two petitions (Cr. P.S.L.A. No. 143 R/82 and Cr. P.S.L.A. No. 135 R/82) as both of them are directed against the same judgment of the High Court. Cr. P.S.L.A. No. 143 R/82 has been filed by Khizar Hayat and two others against their conviction and sentences, while Cr. P.S:L.A. No. 135 RJ82 has been filed by Ghulam Nabi petitioner for enhancement of the sentences of the respondents (appellants in the former petition). The petitioners in Cr. P.S.L.A. No. 143 Ri82 were tried alongwith 7 others for the murder of Ghulam and having made a murderous assault on Ghulam Rasool (P.W. 9) Salehoon (P.W. 10) Muhammad Hayat (P.W. 11) and Lal Khan (not produced). The trial Court acquitted 5 of the co accused but convicted the present three petitioners, Ata Muhammad and Iftkhar Ahmed, and sentenced by the Sessions Judge, Gujrat by his judgment dated 10th July, 1980, under sections 302/ 149, P.P.C. and 307/149, P.P.C. On the first count each of them was sentenced to imprisonment for life and a fine of Rs. 10,000 each and in default of payment of fine they were ordered to further undergo R.I. for one year each. Fine on recovery would be paid to the heirs of the deceased under section 544 A, Cr. P.C. as compensation. On the second count they were sentenced to 3 years' R.I. each and a fine of Rs. 5,000 each or in default of payment of fine to further undergo R.I. for six months each. They were also ordered to pay Rs. 5,000 each as compensation to the injured witnesses under section 544 A, Cr. P.C. They were also sentenced under section 148, P.P.C. to 3 years'…
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