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Petitioner: WASAL AHMAD VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Abdul Qadir Sheikh Title: WASAL AHMAD vs THE STATE Case No.: Criminal Petition for Leave to Appeal No,15-R of 1989 Date of Judgment:1989-07-03 Reported As: 1989 SCMR 1992 Result: Petition dismissed
Judgment ORDER ' ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the judgment of Lahore High Court (Rawalpindi Bench) dismissing an appeal filed by the petitioner with a modification however that his conviction under section 304, Part-I, Pakistan Penal Code recorded by the trial Court was altered to one under section 304-A of the Code and accordingly the sentence of 7 years' R.I. Awarded to him was reduced to 4 years' R.I. Which was the maximum penalty for that offence at the relevant time. All the points raised in support of the petition by the learned counsel for the petitioner amount to a request for appreciation of evidence which is neither justified nor can be allowed in these proceedings. We, therefore, find no merit in this petition. ' Learned counsel however submitted that the maximum penalty under the law was not warranted but this plea has no force at all. In the case 7 persons died on the spot as a result of accident which has been proved to be due to rash and negligent act of driving the bus by the petitioner. Lesser sentence than the maximum prescribed under section 304-A would not have even been justified in this case. The petition accordingly is dismissed.