Case Details

Citation(s)
1992 SLG 549 1992 SLD 549 1992 SCMR 549
Supreme Court of Pakistan
Criminal Appeal No.116 of 1989, decision dated: 18-12-1991(On appeal from the Judgment of Lahore High Court, Multan Bench, dated 26-9-1987 passed in Criminal Appeal No.757 of 1973)
SHAFIUR RAHMAN, RUSTAM S. SIDHWA AND MUHAMMAD AFZAL LONE, JJ

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FARID BAKHSH

SAEED AHMAD and 4 others

Law:

Section:

(a) Penal Code (XLV of 1860)--Ss. 326/149---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to the complainant to examine as to why the sentence, particularly of fine be not enhanced keeping in view of the fact that the victim was school teacher and his nose was completed chopped off. (b) Criminal Procedure Code (V of 1898)--- ----S. 544-A---Penal Code (XLV of 1860), S. 326/149/148---Cutting of nose by accused ---Motive for the crime afforded no justification either in religion or in the present set up for resorting to such an act of which the accused had been found guilty---Cutting of nose is associated with disgrace and dishonour which in the case of the victim, who was a school teacher and was said to be a Headmaster was now abiding and public--Supreme Court, in circumstances, enhanced the amount of fine imposed keeping imprisonment in default to be same---Entire amount of fine, on recovery was ordered to be paid as compensation to the victim---Amount of fine being compensatory in nature was to be recovered as arrears of land revenue under S. 544-A, Cr.P.C. if its recovery otherwise was not secured. JUDGMENT SHAFIUR RAHMAN, J.---Leave to appeal was granted to the complainant to examine why the sentence, particularly of fine be not enhanced keeping in view the fact that the victim was school teacher and his nose was completely chopped off. 2. The facts of the case and the motive for the occurrence are both narrated in the judgment of the High Court and are reproduced hereunder:---- "Farid Bakhsh P.W.5 was a School Teacher. He was employed in a school in Balochistan. He belonged to Mauza Hajipur within the limits of Police Station Dajal and had come on leave to his village. On 28-1-1972, at about 8-30 p.m., he was on his way to his house from the fields. When he passed near the house of Ghulam Rasool appellant, all the appellants emerged out of the house and attacked and overpowered him. Saeed Ahmad appellant caught him by his neck and Ghulam Qadir appellant caught him by his head. Ghulam Haider appellant took a razor out and cut off his nose. The remaining appellants gave him stick blows. He raised an alarm which attracted Rahim…
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