Case Details

Citation(s)
1984 SLG 975 1984 SLD 975 1984 SCMR 1465
Supreme Court of Pakistan
Criminal Petition No.44 of 1984, decision dated: 21st March, 1984 (Against the order of the High Court dated 22-1-1984, passed in Criminal Revision No.20 of 1984)
ASLAM RIAZ HUSSAIN AND NASIM HASAN SHAH, JJ

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MUHAMMAD HAYAT and others

VS

. THE STATE--Respondent

Law:

Section:

Constitution of Pakistan (1973)-----Art.185 (3)-- Penal Code (XLV of 1860), 5.308/149/148-- Appeal against conviction and sentence--Counsel of both accused-appellants and complainant stating before Court that parties have compromised case with a view to live peacefully in future--Counsel for appellants praying that in view of compromise, sentences awarded to, accused-appellants made reduced--Sentences of accused-appellants accordingly reduced to that already undergone by them. Naveed Shahrvar, Advocate Supreme Court with S.Abid Nawaz, Advocate-on-Record for Petitioners. Tanvir Ahmad Khan, Asstt. A.-G for the State. Tanvir Ahmad, Advocate-on-Record for Respondent. Date of hearing: 21st March, 1984. ORDER ASLAM RIAZ HUSSAIN, J.-- Petitioners sought leave to appeal against the order of the High Court, dated 22-1-1984, dismissing their criminal revision. 2.We issued notice to the State and after hearing we proceed to convert the petition into appeal and dispose it of as such. 3. The occurrence in this case took place on 9-5-1981 in village Jhawarian, District Sargodha. The F.I.R. was lodged by Muhammad Azam P.W.5 at 11-30 a.m. on the same day. Briefly stated the prosecution story is that, Zahir and Azarr P.Ws were watering the fields of Allah Bakhsh P.W. at his request. At about Namazwela, they noted that there was decrease of water supply in the Khal. When they went up the Khal to find out as to where was the leakage, they found Ahmad and Muhammad Yar standing armed with Lathis near the Khal where they had made the cut. When Zakir and Azam P.Ws. tried to repair the Khal, Ahmad and Muhammad Yar stopped them, hot words were also exchanged. In the meantime the other co-accused also arrived there. All of them were armed with Dangs. They started belabouring Zakir and Azam P.Ws. Muhammad Afzal and Allah Bakhsh P.Ws. also came there. Muhammad Afzal P.W. was…
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