| Citation(s) |
|---|
| 1994 SLG 393 1994 SLD 393 1994 PLD 339 |
Supreme Court of Pakistan
Criminal Appeal No. 303 of 1992, decision dated: 10-01-1994. (On appeal from the judgment of Lahore High Court, dated 15-1-1992, passed in CrA.55 /J of 1989).
NASIM HASAN SHAH, C.J., SAEEDUZZANSAN SIDDIQUI AND FAZAL ILAHI KHAN, JJ
Izharul Haque, Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record (absent) for Appellant. Raja Abdul Ghafoor, Advocate Supreme Court for the State.
Criminal Appeal No. 303 of 1992, decision dated: 10-01-1994. (On appeal from the judgment of Lahore High Court, dated 15-1-1992, passed in CrA.55 /J of 1989).
NASIM HASAN SHAH, C.J., SAEEDUZZANSAN SIDDIQUI AND FAZAL ILAHI KHAN, JJ
Izharul Haque, Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record (absent) for Appellant. Raja Abdul Ghafoor, Advocate Supreme Court for the State.
MUHAMMAD IOBAL
VS
THE STATE
Law:
Section:
(a) Penal Code (XLV of 1860)----S. 302---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine whether it was a case of conviction under section 302, P.P.C. and sentence of death in view of contention that the death of the deceased was not the direct result of firearm injury but on account of negligence in his treatment. (b) Penal Code (XLV of 1860)--- ----S. 302---Appraisal of evidence---Ocular evidence inspired confidence and appreciation of evidence by Courts below did not suffer from any infirmity--Complainant's evidence as well as the medical evidence did not indicate that on account of shifting of the deceased from one dispensary to another his injuries were aggravated or that the ultimate result of his death was the negligence in his treatment---No mitigating circumstance was available for reduction of sentence of death a4arded to the accused---Conviction and sentence of accused were upheld in circumstances. JUDGMENT SAEEDUZZAMAN SIDDIQUI, J: --The appellant was tried by the Additional Sessions Judge, Faisalabad, under section 302, I'.P.C. for committing mwder of one Muhammad Ramzan on 6-8-1987 and was convicted under the said Section and sentenced to death plus fine of Rs.5,000 or in default of payment of fine to suffer R.I. for one year. He was also directed to pay Rs.5,000 to the legal heirs of the deceased as compensation under section 544-A, Cr.P.C. and in default to undergo R.I. for 3 . months. By judgment dated 15-1-1992, the learned Division Bench of Lahore High Court confirmed the death sentence awarded to the appellant by the trial Court and dismissed the appeal against his conviction and sentence. Leave was granted against the judgment of High Court by this Court on 30-11-1992 as follows:-- "Leave to appeal is granted only to examine whether it was a case of IA conviction under section 302, P.P.C. and sentence of death for the following reasons:--- (1) Occurrence had taken place or 6-8-1987; (2) The deceased was operated upon and taken from one hospital to another too frequently; (3) Not the carbine injury but the surgical injury was the immediate cause death." We have heard the learned counsel for the appellant…
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