Case Details

Citation(s)
2004 SLG 2532 2004 SLD 2532 2004 PCRLJ 1622
Lahore High Court
W. P. No. 149 of 2004, decided on 19th April, 2004
MUHAMMAD KHALID ALVI AND M.A. SHAHID SIDDIQUI, JJ
Muhammad Irshad Khan for Petitioner. Muhammad Jahangir Arshad, A.A.G. for the State

GHULAM SARWAR

VS

THE STATE and another

Law:

Section:

Criminal Procedure Code (V of 1898)-------Ss. 35 & 561-A---Penal Code (XLV of 1860), Ss.302/324/148/149--­Constitution of Pakistan (1973), Art.199---Constitutional petition--­Awarding of sentence in case of conviction of several offences at one trial---Trial Court convicted accused under 5.302, P.P.C. and awarded death sentence with payment of compensation---Trial Court also convicted accused under S.324, P.P.C. and sentenced him to seven years R.I.---High Court on appeal observed that case was of family honour and taking lenient view converted death sentence to life imprisonment and accused was also extended benefit of S.382-B, Cr.P.C.---Accused had prayed that sentences awarded to him be directed to run concurrently as Bench hearing his appeal against of Trial Court though had converted his death sentence into imprisonment for life, but had omitted to make any observation with nature of sentences, whether same would run consecutively or concurrently as required under S.35, Cr.P.C.--­Validity---Neither accused could point out at relevant time nor High Court itself attended to that aspect of case which had escaped sight of the Court and same deserved to be attended to---Provisions of S.35, Cr.P.C. required that if Court intended that the ,sentences should run concurrently, a specific order should be passed in that regard, but that had not been done in the present case---Such was a bona fide omission which required to be taken note of to meet ends of justice for which High Court .had inherent power under S.561-A, Cr.P.C.---High Court while exercising said power, directed that sentences awarded to accused under. Ss.302 and 324, P.P.C. would run concurrently. 2002 MLD 1435 ref. ORDER Brief facts of the case are that petitioner was tried by the learned Additional Sessions Judge, Lodhran vide order, dated 2-8-1997 in case F.I.R. No. 82 of 1994 under sections 302, 324, 148, 149, P.P.C. He was convicted under section 302, P.P.C. and sentenced to death and a compensation of Rs:50,000 to be paid to the legal heirs of the deceased. In case of default in the payment of compensation, he was also directed to undergo S.I. for six months. He was also convicted under…
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