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Petitioner: MUHAMMAD RAFIQ VS Respondent: The STATE
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain, Saad Saood Jan Title: MUHAMMAD RAFIQ vs The STATE Case No.:Criminal Petition for Special Leave to Appeal No. 194 of 1985 Criminal
Appeal No. 215 of 1982 Date of Judgment:1987-06-09 Reported As: 1987 SCMR 1472 Result: Leave refused Judgment ORDER ASLAM RIAZ HUSSAIN, J.--The petitioner seeks leave to appeal against the judgment of the High Court dated 4-2-1985. He was tried alongwith some others for the murder of Muhammad Sadiq. The trial court convicted him under section 302, P.P.C. And sentenced him, inter alia, to death. On appeal the High Court altered his conviction from 302 , P . P . C . To 304-I , P . P . C . And reduced his sentence from death to imprisonment for life. 2. Muhammad Rafiq petitioner is still not satisfied and wants reduction in his sentence. The part attributed to him is that he gave a Drant blow on the neck of the deceased whereby the deceased's neck was almost severed. Learned counsel for the petitioner urged that since this injury was caused by Muhammad Rafiq during a sudden fight, therefore, he is entitled to lesser sentence. 3. Considering the nature of the weapon used by the petitioner as well as the location and the extent of the injury on the person of the deceased the High Court was justified in awarding him sentence of life imprisonment but he was also given the benefit of Section 382-B, Cr.P.C. No case for reduction in his sentence is made out. Leave is consequently refused.
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