Case Details

Citation(s)
2002 SLG 1547 2002 SLD 1547 2002 SCMR 1979
Supreme Court of Pakistan
Criminal Petition No. 206-L of 2002, decision dated: 1st April, 2002
MUNIR A. SHEIKH, KHALIL-UR-REHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ
Malik Amjad Pervaiz, Advocate Supreme Court and Walayat Umer, Advocate-on-Record for Petitioners Waheed Anwar, Advocate Supreme Court for the State (on Courts call)

MUHAMMAD HANIF and another

VS

THE STATE and another

Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 324, 337-A(iii), 337-F(ii), 337-H(iii) & 338-E---Criminal Procedure Code (V of 1898), S.345---Compounding of offence---Identification of injured person---Accused persons were convicted and sentenced for causing injury to the prosecution witness---Injured witness was present before Supreme Court at the time of hearing of the petition for leave to appeal who placed on record of Supreme Court, a copy of his identity card---Counsel who conducted the case before Trial Court had identified the injured and also placed on record copy of his identity card issued by Punjab Bar Council--­Injured prosecution witness had compounded the offence and pardoned the accused persons in the name of God---Effect---Supreme Court was satisfied that the injured had compounded the offence with his own free-will---Petition for leave to appeal was converted into appeal and accused persons were acquitted. (b) Penal Code (XLV of 1860)--- ----S. 379---Constitution of Pakistan (1973), Art. 185(3)---Sentence, reduction of ---Compromise between the parties---Complainant personally appeared before Supreme Court and placed on record photo copy of his identity card---Accused persons were convicted under S.379, P.P.C. and were sentenced to 3 years' imprisonment and had undergone some period of sentence---Effect---Conviction of the accused persons under S.379, P.P.C. did not suffer from any legal infirmity but the Supreme Court found the case one fit for reduction of sentence---Petition for leave to appeal was converted into appeal and the sentence was reduced to already undergone by the accused persons. JUDGMENT MUNIR A. SHEIKH, J.---The petitioners have been convicted under sections 324, 337-A(iii), 337-F(iii) and 337-H(iii), P.P.C., for causing injury to Muhammad Iqbal, P.W.2. Muhammad Iqbal P.W.2, is present in person who was identified by Rai Zahoor Hussain, Advocate, as he had conducted their case before the trial Court. Muhammad Iqbal has placed on record photo-copy of his I.D. No. 340-46-323275. Rai Zahoor Hussain, Advocate, who identified him has also placed photostat copy of his I. D. No. 1689-384/C/Okara, issued by the Punjab Bar Council.…
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