Case Details

Citation(s)
1987 SLG 546 1987 SLD 546 1987 SCMR 1472
Supreme Court of Pakistan
Criminal Petition for Special Leave to Appeal No. 194 of 1985, decided on 9th June, 1987. (Against the judgment of the Lahore High Court, Lahore, dated 421985 passed in Criminal Appeal No. 215 of 1982).
ASLAM RIAZ HUSSAINL AND SAAD SAOOD, JAN, JJ
Muhammad Hanif Niazi, Advocate Supreme Court and S. Wajid Hussain, Advocate-on-Record (absent) for Petitioner. Nemo for
Respondent

MUHAMMAD RAFIQ

VS

THE STATE

Law:

Section:

Penal Code (XLV of 1860)-----Ss. 302 & 304, Part I--Criminal Procedure Code (V of 1898), S.382-B--Constitution of Pakistan (1973), Art. 185(3)--Reduction in sentence--Petition for leave to appeal--High Court on appeal altering conviction of accused from S. 302 to S. 304, Part I, Penal Code and reducing his sentence from death to imprisonment for life--Part attributed to accused was that he gave a Dranti blow on neck of deceased whereby deceased's neck was almost severed--Considering nature of weapon used by accused as well as location and extent of injury on person of deceased, High Court, held, was justified in awarding him sentence of life imprisonment and also giving him benefit of 5.382-B, Cr. P.C.--No case for reduction of sentence made having been out leave to appeal refused.--[Sentence]. ORDER ASLAM RIAZ HUSSAIN, J.--The petitioner seeks leave to appeal against the judgment of the High Court dated 4-2-1985. He was tried alongwith some others for the murder of Muhammad Sadiq. The trial court convicted him under section 302, P.P.C. and sentenced him, inter alia, to death.…
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