| Citation(s) |
|---|
| 1987 SLG 739 1987 SLD 739 1987 SCMR 1866 |
Supreme Court of Pakistan
Petition for Leave to Appeal No.196 of 1983, decision dated: 27-01-1987. On appeal from the judgment and order of the Lahore High Court, Lahore dated 9-04-1983 in Criminal Appeal No.1067 of 1979
MUHAMMAD AFZAL ZULLAH AND, JAVID IQBAL, JJ
M.B. Zaman, Senior Advocate Supreme Court instructed by Ijaz Ali, Advocate-on-Record for Petitioner. Nemo for
Respondent
Petition for Leave to Appeal No.196 of 1983, decision dated: 27-01-1987. On appeal from the judgment and order of the Lahore High Court, Lahore dated 9-04-1983 in Criminal Appeal No.1067 of 1979
MUHAMMAD AFZAL ZULLAH AND, JAVID IQBAL, JJ
M.B. Zaman, Senior Advocate Supreme Court instructed by Ijaz Ali, Advocate-on-Record for Petitioner. Nemo for
Respondent
ZAHOOR AHMAD
VS
THE STATE
Law:
Section:
Penal Code (XLV of 1860)-----Ss. 302, 304, 326 & 34--Criminal Procedure ode (V of 1898), S. 382-B--Constitution of Pakistan (1973), Art. 185(3)--Evidence-Contentions of petitioner that there being no intention to murder as it was a fight among the students and the petitioner being only 18 years old there was no justification in recording conviction of petitioner under S. 302, Penal Code, and that petitioner should have at the most been convicted under S. 326, Penal Code--Held, such contentions had no force as according to medical evidence the deceased who was administered injuries by petitioner had died as a result of three stab blows in the chest and abdomen region--Enhancement of fine from Rs. five thousand to Rs. thirty thousand to be paid as compensation to heirs of deceased also considered not too much-No case of reappraisal of evidence made out--Petition for leave to appeal dismissed--Benefit of S. 382-B, Cr.P.C. in computation of sentence of imprisonment directed to be granted to petitioner by Jail authorities. ORDER JAVID IQBAL, J.-- Leave to appeal is being sought against the judgment dated 9th April, 1983 passed by a learned Division Bench of the Lahore High Court, Lahore in Criminal Appeal No.1064 of 1979. The facts are that the petitioner alongwith three others namely Anwar Ali, Manzur Ali and Rustam Ali was tried under section 302/326; 324/34, P.P.C. for the murder of Sajjad Ahmad deceased and having caused injuries to Iftikhar P.W.10 and Mohammad Nawaz P.W.11, and vide judgment dated 15th September 1979 the Additional Sessions Judge, Faisalabad sentenced the petitioner to life imprisonment plus fine under section 302, P.P.C. He was also convicted under section 324/34, P. P. C. on two counts and was sentenced to one year's R.I. His sentences were ordered to run concurrently. The other three were only convicted under section 326/34. P.P.C. and each of them was sentenced to seven years' R.I. plus fine. They were also convicted under section 324/34, P.P.C. on two counts and each of them was sentenced to one year's R.I. The sentences were ordered to run concurrently. In appeal before the Lahore High Court, Lahore the petitioner's convictions as…
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