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Citation: 1968 PCRLJ 927
Court: Sindh High Court
Year: 1969
Decision Date: 1969-12-23
Parties: R.PHOTO vs MUHAMMAD KHAN AND 6 Other
Case cited as 1968 PCRLJ 927
Court Name: Sindh High Court Judge(s): Muhammad Hayat Junejo Title: R.PHOTO vs MUHAMMAD KHAN AND 6 Other Case No.: Criminal Revision Application No. 55 of 1969 Date of Judgment:1969-12-23 Reported As: PLD 1972 Karachi 360 Result: accordingly dismissed Judgment Awarded under S. 304, P. P. C. Should be enhanced to trans-- portation for life, a.s on facts of case accused should have been convicted under S. 302, P. P. C.-Held, misconceived and in substance asking to punish accused for an ofence of which he had been , ....z;drtod-..:~!Rch proe!Edyre not pa?mlrsdFe wider tcw- Proper course for petitioner to move Provincial Government for filing acquittal appeal under S. 417, Cr. P. C. And in event of refusal, to file appeal himself, challenging acquittal of accused under S. 302, P. P. C. Penal Code (XLV of 1860), S. 304. [p. 362jA Rafique v. The Crown PLD 1955 FC 70 rel. Ghulam Rasool and 5 others v. The State 1968 P Cr. L J 927 distinguished. (b) Criminal Procedure Code (V of 1898), S 439-Revision--Sentence-Enhancement- High Court does not ordinarily interfere with legal and adequate sentence-High Court, however, would exercise its power if sentence manifestly and grossly inadequate amounting to miscarriage of justice-Revision seeking enhancement of sentence of R. L otherwise competently Awarded- Sentence not interfered with. The High Court is always reluctant to take 'action in the matter of enhancement of sentences and this is specially so, where an application has been made…
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