Law: Criminal Procedure Code (V of 1898)

Section: 71

Law: Penal Code (XLV of 1860)

Section: 324,334,336,452

Criminal Procedure Code (V of 1898)---.--- ---.---S. 71---.---Penal Code (XLV of 1860), Ss.324, 334, 336 & 452---.---Charges of house trespass and causing hurt by sprinkling acid on body of complainant---.---Accused was convicted and awarded separate sentences for all such offences---.---Plea of accused that all such offences were made of one transaction, thus, impugned sentence awarded to him was not legal---.---Validity---.---Nothing on record was available to show that accused had any intention to commit Qatl-i-Amd of injured, rather intention of accused was to commit any of offences under Ss.334 & 336, P.P.C.-Punishment provided under Ss.334 & 336, P.P.C. was one and same as effect of Itlaf-i-udw could necessarily affect Itlaf-i-Salahiyyat-i-Udw---.---Provisions of Ss.334 & 336, P.P.C. had not authorised court as had been done under S.324, P.P.C. to punish offender for both offences which might constitute an offence under S.324, P.P.C.---.---In case of commission of an offence under two different statutes or same Act constituting offences falling within two or more definitions of law, accused could not be made to suffer separate sentences for each of such sentences, although he might be convicted for same---.---Imposition of two separate sentences in such cases, though might have been made to run concurrently, would be deemed to be illegal---.---High Court set aside impugned sentences in circumstances. THIS ORDER PASSED BY: ANWARL HAQ PANNUN, JUSTICE:---.--- Consequent upon submission of challan in case F.I.R. No. 136, dated 6-7.2002 for offence under sections 324, 452, 334, 336, P.P.C. registered with Police Station Kot Sultan District Layyah, the petitioner was tried for committing house trespass and causing hurt by sprinkling acid on the bodies of Mst. Zarina Bibi and Zarina Bibi which resulted into Itlaf-i-Udw and Itlaf-i-Salahiyyat-i-Udw of Mst. Zarina Bibi, and on the conclusion of trial, the learned Magistrate Section 30, Layyah vide his judgment dated 26-9-2003 convicted and sentenced the petitioner as under: "(1) Under section 324, P.P.C.; the accused Nazar Hussain is convicted and sentenced to R.I. for three (3) years along with…

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