Case Details

Citation(s)
2004 SLG 1132 2004 SLD 1132 2004 SCMR 1153
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No. 83 L of 2003, decision dated: 18-03-2003.(On appeal from the order, dated 15 1 2003 of the Lahore High Court, Multan Bench, Multan, passed upon Criminal Miscellaneous No.1 of 2003 in Criminal Appeal No. 1005 of 20
TANVIR AHMED KHAN AND KHALIL UR RAHMAN RAMDAY, JJ
Sardar Muhammad Latif Khan Khosa, Advocate Supreme Court and Faizur Rehman, Advocate on-Record for Petitioner. Muhammad Sharif Chohan, Advocate Supreme Court for
Respondent No. 1

KHALID HUSSAIN

VS

ABDUL RAZZAQ and others

Law:

Section:

Penal Code (XLV of 1860)---S. 302(b) Criminal Procedure Code (V of 1898), S.426 ¬Constitution of Pakistan (1973), Art. 185(3) High Court through the impugned order had suspended the sentence of imprisonment for life awarded to accused under S.302(b), P.P.C. Accused had neither caused any injury to the deceased nor to any prosecution witness and he himself had received two serious sharp edged weapon injuries which had not been explained by the prosecution Discretion exercised by the High Court under S.426, Cr.P.C. did not suffer from any illegality or legal infirmity Leave to appeal was refused to accused accordingly. ORDER TANVIR AHMAD KHAN, J. Leave to appeal is sought against the order, dated 15 1-2003 whereby a learned Division Bench of the Lahore High Court, Multan Bench, Multan, suspended the sentence of respondent No.1 Abdul Razzaq, recorded by the learned Additional Sessions Judge, Burewala, in a case emanated out of F.I.R. No. 76 of 2002 registered on 17 2 2002 at Police Station, City Burewala, District Vehari under sections 302/337 A(ii)/34, P.P.C. 2. It is reflected from the judgment of the learned Additional Sessions Judge that challan was submitted against Ghulam Muhammad and his two sons Muhammad Iqbal and Abdul Razzaq in the aforesaid case. The…
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