Case Details

Citation(s)
1984 SLG 862 1984 SLD 862 1984 SCMR 1269
Supreme Court of Pakistan
Petition for Special Leave to Appeal No.100 of 1975, decision dated: 21st January, 1976 (On appeal from the judgment and order of the Lahore High Court made on 24-1-1975 in Cr. A.. No. 570 & M.R. No.160 of,1973)
ANWARUL HAQ AND MUHAMMAD GUL, JJ

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SALEEM

VS

. The STATE--Respondent

Law:

Section:

Constitution of Pakistan (1973)------Art.185(3)--Penal Code (XLV of 1860), 5.302/34--Murder--Evidence, appreciation of--Petitioner found to have been rightly convicted and sentenced--No justification made out for interference in matter-Leave to appeal refused. Raja Muhammad Muzaffar, Advocate and S. Wajid Hussain, Advocate-on-Record for Petitioner. Nemo for Respondent. ORDER ANWARUL HAQ, J.-- The petitioner Saleem and his co-accused, Lal and Sadiq, were sentenced to death and also ordered to pay a fine of Rs.1,000 each by the learned Additional Sessions Judge, Lyallpur, for the murder of one Mst. Barkate, sister of Jan Muhammad (P.W.7) and wife of Muhammad Shafi (P.W.9). They were also convicted, and variously sentenced, under sections 323 and 325, P.P.C. read with section 34, thereof, for causing injuries to Jan Muhammad (P.W.7), Mst. IrshaB (P.W.8) and Muhammad Shafi (P.W.9). In appeal and confirmation proceedings, the convictions of all the three accused under section 302 , P . P . C . read with section 34 thereof were set aside, and the death sentences were also not confirmed. The petitioner Saleem was instead convicted under Part I of section 304, P.P.C. and sentenced to undergo imprisonment for life and also to pay a fine of Rs.500, which was to be paid as compensation to the husband of the deceased under section 544-A, Cr.P.C. His conviction and sentence under section 323/34, P.P.C. for causing simple injuries to Jan Muhammad was maintained. His conviction under section 323/34, P.P.C. for causing simple injuries to witness Muhammad Shafi was set aside, and so was his conviction under section 325/34, P.P.C. for causing injuries to Mat. Irshad Begum. Instead he was held individually responsible only under section 323, for causing simple injury to this lady, and sentenced to nine months' rigorous imprisonment. The co-accused Lai and Sadiq were held individually responsible under section 323, P.P.C. only on two counts for causing injuries to Jan Muhammad, Shafi and their sentences were appropriately altered. The petitioner now seeks special leave to appeal. It appears that his co-accused Lai and Sadiq have accepted the order of the High Court. The incident…
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