| Citation(s) |
|---|
| 1986 SLG 401 1986 SLD 401 1986 SCMR 281 |
Supreme Court of Pakistan
Criminal Petition No. 369 of 1980, decision dated: 30-10-1984. (On appeal from the judgment and order, dated 7-5-1980 passed by the High Court in the Criminal Appeal No. 1020 of 1978).
MUHAMMAD HALEEM, C.J., ASLAM RIAZ HUSSAIN, NASIM HASAN SHAH, ZAFFAR HUSSAIN MIRZA AND M.S.H. QURESHI, JJ
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Criminal Petition No. 369 of 1980, decision dated: 30-10-1984. (On appeal from the judgment and order, dated 7-5-1980 passed by the High Court in the Criminal Appeal No. 1020 of 1978).
MUHAMMAD HALEEM, C.J., ASLAM RIAZ HUSSAIN, NASIM HASAN SHAH, ZAFFAR HUSSAIN MIRZA AND M.S.H. QURESHI, JJ
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FAZAL AHMAD
VS
BASHIR AHMAD and another
Law:
Section:
Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S.304, Part I--Enhancement of sentence--Conviction on charge of murder--Sentence of 10 years and compensation of Rs.5,000 awarded by trial Court--High Court on appeal reduced sentence to 5 years already undergone but enhanced compensation to Rs.10,000--Petition for leave to appeal seeking enhancement of sentence--High Court having exercised a judicious direction in circumstances of case and four years having elapsed since impugned order was passed, leave to appeal refused. S.M. Nazim, Advocate Supreme Court and Ali Imam Naqvi Advocate-on-Record (absent) for Petitioner. Zaffar Pasha, Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record for Respondents No. 1 and 2. M.A. Baqar and Ijaz Ahmad, Advocate-on-Record for the State. Date of hearing: 30th October, 1984. ORDER MUHAMMAD HALEEM, C.J.-- This petition seeks enhancement of sentence passed on Bashir Ahmad by the trial Court for causing murder of Muhammad Yusaf. He was convicted under section 304, Part-I, P.P.C. and ordered to suffer rigorous imprisonment for ten years and to pay a fine of Rs.500 or in default to suffer rigorous imprisonment for six months and further to pay a compensation in the sum of Rs.5,000 to the heirs of the deceased or in default to suffer rigorous imprisonment for six months. The High Court after taking into account the fact such as the one-fourth share holding in the tube-well, the injuries caused to Riaz, the…
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