MUHAMMAD RAFIQ vs The STATE — 1971 SCMR 378

Citation: 1971 SCMR 378

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: MUHAMMAD RAFIQ vs The STATE

Headnotes

Case cited as 1971 SCMR 378

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title: MUHAMMAD RAFIQ vs The STATE Case No.:Criminal Appeal No. 405 of 1970 Petition for Special Leave to Appeal No. 41 JUDGMENT Reported As: 1971 SCMR 378 Result: Leave refused Judgment JUDGMENT HAMODDUR RAHMAN, C. J.-The petitioner in this case, who is a young boy of 16/17 years, was convicted by the Additional Sessions Judge, Lahore, under section 304, Part II of the Pakistan Penal Code and sentenced to seven years' rigorous imprisonment as also a fine of Rs. 1,000 or in default further R. I. For one and a half years. On appeal, the High Court altered the conviction to section 325 of the Pakistan Penal Code and reduced the sentence from seven years to four years' R. I. But maintained the sentence of fine. The petitioner now seeks special leave to appeal and contends firstly that the offence fell under section 323 of the Pakistan Penal Code and not under section 325 of the Pakistan Penal Code as held by the High Court. The case against the petitioner was that sitting on the legs of the deceased, who was then lying prone on the ground, he was giving blows to the deceased on the left side of the chest with a brick and the latter was screaming with pain all the time. The medical examination revealed that the deceased had seven bruises on the left side of his chest antero-lateral aspect at middle and lower part. The bruises were 6" x 4' in size and underneath the tenth rib on the left side was…

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