| Citation(s) |
|---|
| 2004 SLG 856 2004 SLD 856 2004 SCMR 254 |
Supreme Court of Pakistan
Criminal Appeal No.314 of 2000, decision dated: 19-09-2002.(On appeal from the judgment, dated 24-5-1999 passed by High Court of Sindh in Criminal Appeals Nos. 152 of 1998(Karachi) 72 of 1998(Hyd.) and Jail Criminal Appeal No. 150 of 1998)
MUNIR A. SHEIKH, ACTG. C.J., IFTIKHAR MUHAMMAD CHAUDHRY AND FAQIR MUHAMMAD KHOKHAR, JJ
M.S. Khattak; Advocate-on-Record for Appellant. Suleman Habibullah, Additional A.G. Sindh for
Respondent. M. Zaman Bhatti, Advocate Supreme Court with Ch. Muhammad Akram, Advocate-on-Record for
Respondents on Court notice
Criminal Appeal No.314 of 2000, decision dated: 19-09-2002.(On appeal from the judgment, dated 24-5-1999 passed by High Court of Sindh in Criminal Appeals Nos. 152 of 1998(Karachi) 72 of 1998(Hyd.) and Jail Criminal Appeal No. 150 of 1998)
MUNIR A. SHEIKH, ACTG. C.J., IFTIKHAR MUHAMMAD CHAUDHRY AND FAQIR MUHAMMAD KHOKHAR, JJ
M.S. Khattak; Advocate-on-Record for Appellant. Suleman Habibullah, Additional A.G. Sindh for
Respondent. M. Zaman Bhatti, Advocate Supreme Court with Ch. Muhammad Akram, Advocate-on-Record for
Respondents on Court notice
ABID HUSSAIN
VS
THE STATE
Law:
Section:
Penal-Code (XLV of 1860)---S. 365---Appraisal of evidence---Sentence, reduction in---Accused had been convicted and sentenced in absentia by the Trial Court under S.365, P.P.C. to imprisonment for life and a fine of Rs.4,00,000 or in default to undergo six months' R.I.---Co-accused were also convicted- and sentenced by Trial Court in the same manner, but High Court in appeal had reduced their sentence to seven years' R.I. and a fine of Rs.25;000; but the sentence of accused was maintained through the impugned ---Case of accused according to record was, similar to that of the said co-accused and no discrimination, therefore, could have been made, in respect of award of sentence--¬Conviction of accused was consequently maintained, but his sentence was also reduced to seven year' R.I. and a fine of Rs.25,000 with benefit of 5.382-B, Cr.P.C.---Appeal was disposed of accordingly. JUDGMENT MUNIR A. SHEIKH, ACTG. C.J.---This appeal by leave of the Court is directed against judgment dated 24-5-1999 of High Court of Sindh whereby appeal filed by the appellant has been dismissed. 2. It appears from the record that appellant was convicted and sentenced in absentia to life imprisonment and fine of Rs.4,00,000 or in default to undergo .six months R.I. The co-accused were also convicted and sentenced to imprisonment for life and fine of Rs'.4,00,000 or in default of undergo six months R.I.4 alongwith forfeiture of property. In appeal filed by said co-accused the High Court reduced their sentence from life imprisonment to seven years with reduction of fine to Rs.25,000 and in default to further undergo six…
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