Law:

Section:

Penal Code (XLV of 1860)--S. 304, Part I---Constitution of Pakistan (1973), Arts. 185(3) & 187--­Sentence---Enhancement of---Foul conduct of accused did not warrant a lenient sentence as awarded by Sessions Court---High Court having recognised such error ought to have itself corrected the same-=-Supreme Court, however, had all the necessary powers under Art. 187 of the Constitution to do complete justice in the case---No useful purpose could be served by remanding the case to the High Court where it had already reached the conclusion that the sentence passed was a lenient one when put in juxtaposition with the proved offence---Sentence of seven years' R.I. awarded to accused was consequently enhanced to imprisonment for life by converting the complainant's petition for leave to appeal into appeal and allowing the same. JUDGMENT WAJIHUDDIN AHMED, J.---The facts of this case succinctly narrated by the High Court are these:--- "The brief facts of the prosecution case are that the complainant Muhammad Hanif alias Bhoora had lodged a complaint Exh. PD alleging that on 27-2-1985 at 12 noon when his first cousin Muhammad Rashid was also present in his house, his daughter Mst. Parveen, came from her aunt's house and told that Nazar Abbas alias Ghandar, Muhammad Abbas alias Gosha sons of Talib Shah and Nasir alias Taidy had cut indecent joke with her. Thereafter. Muhammad Rashid went to the spot and admonished them. In the meanwhile the complainant also followed him and saw the accused grappling with Muhammad Rashid. On the saying of Nasir Mehmood that Bhoora has also come, Nazar Abbas took out Khanjar from the fold of his Shalwar and gave blow on the chest of Muhammad Rashid, who fell down, and all the three accused ran away. Muhammad Rashid died on the spot. Besides the complainant Muhammad Sharif, Muhammad Yasin and Muhammad Jamil, who were present on the spot, had also witnessed the occurrence." It may be mentioned here that when prosecution evidence unfolded, complainant Muhammad Hanif (P.W,5) had elaborated upon the incident in these words:--- "When I reached near them Nasir Abbas accused asked Muhammad Abbas accused that Bhoora had come and he should finish…

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