| Citation(s) |
|---|
| 1989 SLG 1650 1989 SLD 1650 1989 SCMR 1387 |
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No.280 of 1986, decision dated: 28-02-1989
MUHAMMAD AFZAL ZULLAH, JAVID IQBAL AND USMAN ALI SHAH, JJ
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Criminal Petition for Leave to Appeal No.280 of 1986, decision dated: 28-02-1989
MUHAMMAD AFZAL ZULLAH, JAVID IQBAL AND USMAN ALI SHAH, JJ
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GHULAM SARWAR
VS
JAVAID alias KHALID and another
Law: Constitution of Pakistan, 1973
Section: 185(3)
Penal Code (XLV of 1860)--S.307--Constitution of Pakistan (1973), Art.185(3)--Petition for enhancement of sentence--High Court reduced sentence of accused to already undergone (1 year and 8 months) as alleged motive was too weak and the immediate cause for the attack was not disclosed by the prosecution--Reasons stated by High Court for reduction of sentence being weighty, Supreme Court found no justification for enhancement of sentence--Leave to appeal refused.--[Sentence]. Naveed Shahryar, Advocate instructed by Mahmood A. Qureshi, Advocate-on-Record for Petitioner. Ch. M. Yamin, Advocate instructed by Rana M. A. Qadri, Advocate-on-Record for Respondent No.l. Date of hearing: 28th February, 1989. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the complainant's side in a criminal case under section 307, P.P.C. for enhancement of sentence on conviction of respondent under section 307, P.P.C. The trial Court after finding the respondent guilty under section 307, P.P.C. awarded to him the sentence of four years' R.I. and a fine of Rs. 3,000. Learned Sessions Judge on appeal maintained the conviction but reduced the sentence to 3-1/2 years' R.I. and also maintained the fine. The High Court while maintaining the conviction further reduced the sentence to the rigorous…
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