| Citation(s) |
|---|
| 2002 SLG 1139 2002 SLD 1139 2002 SCMR 280 |
Supreme Court of Pakistan
Criminal Petition No.445-L and Jail Petition No.204 of 1999, decision dated: 23rd April, 2001.(On appeal from the judgment/order dated 9-6-1999 passed by Lahore High Court, Lahore in Criminal Appeal No. 1344 of 1994 and M. R. 146/94)
RASHID AZIZ KHAN, RANA BHAGWANDAS AND TANVIR AHMED KHAN, JJ
Zahid Hussain Khan, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner (in Criminal Petition No. 445-L of 1999).Rab Nawaz Khan Niazi, Advocate Supreme Court and S. Abul Asim Jafri, Advocate-on-Record for
Respondent (in Cri
Criminal Petition No.445-L and Jail Petition No.204 of 1999, decision dated: 23rd April, 2001.(On appeal from the judgment/order dated 9-6-1999 passed by Lahore High Court, Lahore in Criminal Appeal No. 1344 of 1994 and M. R. 146/94)
RASHID AZIZ KHAN, RANA BHAGWANDAS AND TANVIR AHMED KHAN, JJ
Zahid Hussain Khan, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner (in Criminal Petition No. 445-L of 1999).Rab Nawaz Khan Niazi, Advocate Supreme Court and S. Abul Asim Jafri, Advocate-on-Record for
Respondent (in Cri
HAMID ULLAH KHAN-
VS
MUHAMMAD ZAMAN and 3 others
Law:
Section:
(a) Penal Code (XLV of 1860)---Ss. 302/34 & 337-E(c)---Constitution of Pakistan (1973), Art. 185(3)--High Court had rightly altered the sentence of death of one accused to imprisonment for life in view of the suppression of injury to a lady from accused side by the prosecution---Reasons advanced by High Court regarding the decision taken about the other two co-accused were also cogent and were not open to any exception---Leave to appeal was refused to the complainant by Supreme Court accordingly. (b) Penal Code (XLV of 1860)--- ----S.302/34---Constitution of Pakistan (1973), Art. 185(3)---Jail petition filed by accused was barred by 96 days---Even otherwise, ample evidence was present on record which connected the accused with the alleged occurrence---Ocular account had rightly been relied upon by the Courts below---Leave to appeal was declined to the accused by the Supreme Court in circumstances. JUDGMENT RASHID AZIZ KHAN, J.---Facts leading to the filing of above petitons are that Gull Jehan (petitioner in Jail Petition No. 204 of 1999) and Muhammad Zaman, Muhammad Amir and Abdul Sattar (respondents in Criminal Petition No.445-L of 1999) were reported against for the murder of Aziz Ullah. Learned trial Court vide its judgment dated 9-6-1994 found Gull Jehan guilty under section 302/34, P.P.C. and sentenced him to death with fine of Rs.20,000 or in default one year's R.I. under section 337-E(c) respondent Muhammad Zaman was directed to pay Daman of Rs.10,000 to Mst. Amiran P.W. or suffer R.I. for one year and also R.I. for one year as Tazeer. Respondent Muhammad Amir was given benefit of doubt and acquitted of all the charges. Abdul Sattar was found guilty under section 302/34, P.P.C. and sentenced to imprisonment for life with fine of Rs.20,000 or in default thereof one year R.I. The convicts appealed. A learned Division Bench of Lahore High Court, Lahore, vide judgment dated 9-6-1999 converted the sentence of Gull Jehan from death to life with direction to pay compensation of Rs. One lac to the legal heirs of deceased. The appeal of Muhammad Zaman was dismissed while appeal to the extent of Abdul Sattar was accepted, he was given benefit of doubt and…
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