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Petitioner: IHSANULLAH VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Aslam Riaz Hussain Title: IHSANULLAH vs THE STATE Case No.: Criminal Petition No, 328 of 1983 and Criminal Appeal No, 5 of 1984, Date of Judgment:1989-02-18 Reported As: 1989 SCMR 1323 Result: Appeal allowed
Judgment ' ASLANT RIAZ HUSSAIN, J.-- Ihsanullah petitioner has applied for leave to appeal against the judgment of the High Court dismissing his appeal, but reducing his sentence of imprisonment from 5 years' to 2 years' R.I. 2. He is alleged to have shot at Shah Nawaz complainant with a pistol which resulted in a grazed injury to the complainant. The petitioner's counsel submitted that according to F.I.R. Itself Shah Nawaz complainant is stated to have entered his (Ihsanullah petitioner's) land and prevented him from plugging it. He urged that this gave rise to the right of defence of property to the petitioner who, as provided by section 104, P.P.C., could thereafter inflict any injury, short of causing death to the trespasser. It may be added that the complainant has himself appeared before us in the Court and submitted that the incident took place 11 years ago; that the accused is related to him and has young children and that he has forgiven him from his heart. The petitioner's counsel prays for the reduction of his sentence. 3. We issued notice to the Advocate-General. He appeared in response thereto and submits that he has no objection to the reduction in sentence. We are of the view that in the above-noted circumstances this is a fit case for reduction of sentence. We, therefore, convert this petition into appeal and allow the same to the extent that the appellant's sentence is reduced to that already undergone by him. He shall be set at liberty forthwith if not required in some other case.