Law:

Section:

(a) Penal Code (XLV of 1860)--S. 304, Part I---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by Supreme Court to consider the question whether offence under S. 304, Part 1, P.P.C., was punishable with imprisonment for life or imprisonment of either description for a term which may extend to 10 years and not 14 years. (b) Penal Code (XLV of 1860)--- ----S. 304, Parts I & H---Constitution of Pakistan (1973), Art.185--­Appreciaiton of evidence---Act which caused death was not done with the intention of causing death or causing such bodily injury as was likely to cause death and Part I of S. 304, P.P.C., therefore, was not attracted---Case was covered by Part 11 of S. 304, P.P.C. as there was no intention to cause death or cause such bodily injury as was likely to cause death which provided for imprisonment of either description for a term which may extend to 10 years or with fine or with both---Accused was consequently convicted under S. 304, Part 11, P.P.C., and sentenced to 10 years' R.I. thereunder. Sardar Muhammad Latif Khan Khosa, Advocate Supreme Court and S. Abul Asim Jafri, Advocate-on-Record (absent) for Appellant. Dr. Khalid Ranjha, Advocate Supreme Court for Respondent No. 1. Sh. Muhammad Naeem, Advocate Supreme Court for the State. Date of hearing: 14th January, 1996. JUDGMENT SALEEM AKHTAR, J.--This appeal with the leave of the Court calls in question the judgment of the Lahore High Court dated 13-7-1991 whereby the learned Judges convicted respondent No.1 under section 304, Part 1, P.P.C., and sentenced him to 14 years' R.I. and fine of Rs.20,000 or in default two years' R.I. with benefit of section 382-B, Cr.P.C. 2. The appellant being the complainant filed petition for leave to appeal which was heard and was orally dismissed, but while writing the order it was found that the High Court's judgment suffered from a patent error apparent on the face of the record, which was not pointed out by the learned counsel for the petitioner, and therefore, it was reheard after notice and leave was granted to consider the question whether offence under section 304, Part 1, P.P.C., is punishable with imprisonment for life or…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492