Case Details

Citation(s)
2007 SLG 2511 2007 SLD 2511 2007 PLJ 949
Lahore High Court
Crl. A. Nos. 1037, 1161 of 2002 and Crl. Rev. No. 670 of 2002, heard on 24.1.2007
KH. MUHAMMAD SHARIF AND ASIF SAEED KHAN KHOSA, JJ.
Syed Zahid Hussain Bokhari, Advocate for Appellants. Ch. M. Abdus Saleem, Advocate for Complainant. Sh. Khalid Habib, Advocate for State.

IMRAN and 5 others

VS

STATE

Law: Pakistan Petroleum (Refining Blending and Marketing) Rules, 1971

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 382B,410

(i) Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Criminal Procedure Code, (V of 1898), Ss. 382-B & 410--Conviction and sentence awarded to accused, assailed--Benefit of doubt--Compensation was reduced--Unexplained delay of 24 hours in lodging the FIR--Possibility of due deliberation and consultation could not be ruled out--No denying the fact that injuries on the persons from accused side--Right of self defence--Question of--Held: Conviction & sentence of main accused was maintained--Sentence given by trial Court would run concurrently with benefit of 382-B Cr.P.C. instead of consecutively with modification in sentence--Conviction & sentence recorded by trial Court for causing injuries on the persons of injured PWs maintained in toto--Sentences would however run concurrently with benefit of S. 382-B Cr.P.C.--Order accordingly. Judgment Kh. Muhammad Sharif, J.--This judgment will dispose of Criminal Appeal No. 1037 of 2002 filed by Imran, Lal, Riaz, Nadir, Bahadur Azam, appellants who were convicted and sentenced by the learned Additional Sessions Judge Jhang vide judgment dated 23.5.2002 as under:-- Imran, Riaz and Lal Imprisonment for life and to pay a fine of Rs. 25,000/-, in default SI for one year under Section 302(b) PPC. The compensation of Rs. 1,00,000/- was also ordered to be paid to legal heirs of the deceased, in default one year SI. Benefit of Section 382-B, Cr.P.C. was extended in favour of the appellants, Two years RI each on four counts under Section 337-A(I) PPC. Daman was also directed to be paid, five years RI each on two counts for causing injuries to Rajab Ali u/S. 337-A (ii) PPC and. to pay Arsh to Rajab Ali injured PW, one year RI each u/S. 337-F (I) PPC for causing injuries to Liaqat Ali and to pay `Daman', three years RI each u/S. 337-F (iii) PPC for causing injuries to Liaqat Ali and Rajab Ali and also `Daman' on two counts, two years RI each on two counts u/S. 337-L (ii) PPC for causing injuries to Noor Akbar and Liaqat Ali. Bahadur and Azam. Two years RI each u/S. 337-A (ii) PPC for causing injuries to Noor Akbar, Muhammad Jinah, Liaqat Ali and Rajab Ali injured PWs on four counts and `Daman', five years RI each…
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