Case Details

Citation(s)
1989 SLG 1759 1989 SLD 1759 1989 SCMR 1533
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No.319 of 1986, decision dated: 13-03-1989.(On appeal from the judgment, dated 11th June 1986 of the Lahore High Court in Criminal Appeal No.269 of 1983)
MUHAMMAD AFZAL ZULLAH, JAVID IQBAL AND USMAN ALI SHAH, JJ
Aftab Farrukh, Advocate for Petitioner. Nemo for
Respondents

KARAM KHAN

VS

ALAM SHER and 7 others

Law:

Section:

Penal Code (XLV of 1860)---5.302--Constitution of Pakistan (1973), Art.185(3)--Petition for enhancement of sentence--High Court reduced sentence from death to imprisonment for life inter aria for the reason that accused were aged from 23 to 27 years and apparently acted under the influence of their elders--Other features also existing which would militate against enhancement of sentence--Petitioner did not give tangible answer to the reasons--Leave to appeal refused. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the complainant side in a murder ease with a view to seek enhancement of sentence from imprisonment for life to death. Learned counsel while pressing this petition read out the following part of the impugned judgment:-- "The occurrence took place at 5.30 p.m. and the F.I.R. was lodged in about one hour's time. It was prompt F.I.R. All the accused were named therein. The eye-witnesses were also named in the F.I.R. which contained detailed facts of the occurrence. We do not find any reason to disbelieve the two eye-witnesses. Resultantly we find no merit in this appeal which is accordingly dismissed. The conviction of the appellants under section 148 and section 302/149, P.P.C. is accordingly maintained. On a perusal of the evidence we find that medical officer admitted in cross-examination that injury No.13 by fire-arm could alone also cause death of Sher Khan deceased though in that case it would not have been instantaneous death. The deceased received a large number of incised wounds, including injuries Nos.l to 7 which along with injury No.13 were collectively…
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