| Citation(s) |
|---|
| 1992 SLG 2190 1992 SLD 2190 1992 PLJ 146 |
Supreme Court of Pakistan
Criminal Appeal No. 116 of 1989, partly accepted on 18.12.1991. [On appeal from judgment of Lahore High Court, Multan Bench, Dated 26.9.1987, passed in Criminal Appeal No. 757 of 1973]Â Date of hearing: 18.12.1991.
SHAFIUR RAHMAN, RUSTAM S. SIDHWA AND MUHAMMAD AFZAL LONE, JJ
Mr. Asif Saeed Khan Khosa, Advocate, Supreme Court, instructed by Sh. Salahuddin, AOR for appellant Mr. Taj Muhammad, Advocate, Supreme Court, instructed by Mr. MA.. Qadii, AOR for respondents 1&2. Hafiz Ghulam Bari, Advocate, Supreme Court for State.
Criminal Appeal No. 116 of 1989, partly accepted on 18.12.1991. [On appeal from judgment of Lahore High Court, Multan Bench, Dated 26.9.1987, passed in Criminal Appeal No. 757 of 1973]Â Date of hearing: 18.12.1991.
SHAFIUR RAHMAN, RUSTAM S. SIDHWA AND MUHAMMAD AFZAL LONE, JJ
Mr. Asif Saeed Khan Khosa, Advocate, Supreme Court, instructed by Sh. Salahuddin, AOR for appellant Mr. Taj Muhammad, Advocate, Supreme Court, instructed by Mr. MA.. Qadii, AOR for respondents 1&2. Hafiz Ghulam Bari, Advocate, Supreme Court for State.
FAR1D BUKHSH--Appellant
VS
SAEED AHMAD and 4 others--Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 544-A
Law: Pakistan Penal Code, 1860
Section: 326/149
Criminal Procedure Code, 1898 (V of 1898)-- —-S. 544-A read with Pakistan Penal Code, 1860, Sections 326/149-Chopping off nose—Offence of—Conviction for—Enhancement of sentence/fme—Prayer for-No appeal has been filed against Ghulam Haider, main assailant who cut nose-In awarding fine and in compensating victim, courts have not kept in view requirement and amplitude of Section 544-A of Cr P.C—Cutting of nose is associated with disgrace and dishonour—Appeal accepted and fine raised to Rs. 10000/- each in case of respondents 1 and 2. [Pp.l48149]A,BC 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 (PW-5) was a School Teacher. He was employed in a school in Baluchistan. 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 Bakhsh and Ramzan PWs, who witnessed the occurrence and also rescued him from the appellants. Farid Bakhsh PW had an invalid brother. Ghulam Haider appellant was interested in marrying his…
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