Case Details

Citation(s)
1990 SLG 484 1990 SLD 484 1990 SCMR 197
Supreme Court of Pakistan
Criminal Petitions for Leave to Appeal Nos. 87-R and 80-R of 1989, decision dated: 4-05-1989.
MUHAMMAD AFZAL ZULLAH AND USMAN ALI SHAH, JJ
Muhammad Munir Piracha Advocate Supreme-Court and Manzoor Ilahi, Advocate-on-Record for Petitioner (in Case No. Cr.P.No. 87/89). Nemo for
Respondent. Raja Muhammad Akram, Senior Advocate Supreme Court and Khan Imtiaz Muhammad Khan, Advocate-on-Record fo

SULTAN SIKANDAR and others

VS

THE STATE

Law:

Section:

Penal Code (XLV of 1860)-----Ss.326 & 324/34---Constitution of Pakistan (1973), Art. 185(3)---High Court finding that accused had given a sharp-edged grievous injury to complainant and did not repeat the same, reduced the sentence from four years to two years and maintained sentence of six months of co-accused under S. 324/34 P.P.C. as only stick blows were attributed to him---Finding of High Court in both the matters was, in accordance with safe administration of criminal justice and did not warrant any interference---Petition for leave to appeal dismissed. ORDER USMAN ALI SHAH, J.--Leave to appeal has been sought by the petitioners in both t ese' petitions against the judgment of the Lahore High Court, Rawalpindi Bench, dated 4-4-1989, wherein, Sultan Sikandar and Sultan Maqsood accused petitioners in Cr. P.LA. No. 87-R/89 were tried by a Magistrate under section 30, Chakwal for causing 10 injuries including one grievous injury with a sharp-edged weapon to Muhammad Safdar complainant/ petitioner in Cr.` P.L.A. No. 80-R/89 convicting them under section 326/34, P.P.C. and sentenced each of them to four years' R.I.with fine of Rs.5,000. each, or in default of payment of fine to suffer further R.I. each for six months. Half of the fine on realization was ordered to be paid to the injured Safdar, vide order dated 24-3-1987. In appeal the learned Additional Sessions Judge, Chakwal maintained the conviction and sentence of Sultan Sikandar under section 326, P.P.C. and modified the conviction of Sultan Maqsood to that of under section 323, P.P.C. and reduced his sentence to six months' R.I. Both the accused petitioners were also given the, benefit of section 382-B, Cr.P.C. The revision petition of the complainant party for enhancement of the sentence of both the accused was however, dismissed, vide order dated 4-7-1987. Against the said appellate order both the ac used riled Criminal Revision No.88 of 1987 and Muhammad Safdar complainant filed Criminal Revision No.30 of 1988 before the Lahore High Court. Rawalpindi Bench. A learned Single Judge of the High Court who heard the revision petitions vide his judgment dated 4-4-1989 dismissed the Revision Petition…
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