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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: GHULAM SARWAR VS Respondent: JAVAID alias KHALID and another
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal, Syed Usman Ali Shah Title: GHULAM SARWAR vs JAVAID alias KHALID and another Case No.: Criminal Petition for Leave to Appeal No,280 of 1986 Date of Judgment:1989-02-28 Reported As: 1989 SCMR 1387 Result: Leave refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the complainant's side in a criminal case under section 307, P.P.C. For enhancement of sentence on conviction of respondent under section 307, P.P.C. ' The trial Court after finding the respondent guilty under section 307, P.P.C. Awarded to him the sentence of four years' R.I. And a fine of Rs, 3,000. Learned Sessions Judge on appeal maintained the conviction but reduced the sentence to 3-1/2 years' R.I. And also maintained the fine. The High Court while maintaining the conviction further reduced the sentence to the rigorous imprisonment already undergone-stated by the learned counsel to be about one year and 8 months and also reduced the sentence of fine to Rs,1,000. ' The reason which prevailed with the learned Judge in the High Court for reducing the sentence is as follows:- "It appears that the immediate cause of occurrence has not been disclosed by the prosecution nor the accused has put up clear version as' to why he was attacked" "Since the alleged motive is too weak and the immediate cause for the attack is not disclosed by the prosecution" "the sentence already undergone by him would meet the ends of justice." ' Earlier the learned Judge had made comments on the motive alleged from the prosecution side wherein the question of a divorce was involved. ' After hearing both the learned counsel on the question of enhancement of the sentence, we feel that for reasons stated in the impugned judgment, which are weighty in the circumstances of this
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case, no justification has been made out for enhancement of sentence. Leave to appeal, accordingly, is refused.