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Petitioner: ABDUR REHMAN VS Respondent: STATE
2000 S C M R 1355
2000 S C M R 1355
[Supreme Court of Pakistan]
Present: Irshad Hasan Khan, Raja Afrasiab Khan and Ch. Muhammad Arif, JJ
ABDUR REHMAN---Petitioner
versus
THE STATE---Respondent
Criminal Petition for Leave to Appeal No.457-L of 1997, decided on 4th February, 1998.
(On appeal from the judgment of the Lahore High Court, dated 18-11-1997 passed in Criminal Appeal No.56 of 1994).
Penal Code (XLV of 1860)---
----S.320---Constitution of Pakistan (1973), Art. 185(3)---Death by rash and negligent driving---High Court reduced the sentence of six years' imprisonment awarded by Trial Court to four years' imprisonment but maintained the payment of Diyat---Leave to appeal was granted by Supreme Court to consider whether the High Court had appraised the evidence on record with a view to determining the question of rash and negligent driving by the accused on the date of occurrence.
Raja Mehmood Akhtar, Advocate Supreme Court with Mahmudul Islam, Advocate-on-Record for Petitioner.
Nemo for the State.
4th February, 1998,
ORDER
CH. MUHAMMAD ARIF, J.---Leave to appeal is sought against the judgment of the Lahore High Court made in Criminal Appeal No.56 of 1994 on 18-11-1997 whereby the conviction of the petitioner by Judicial Magistrate Section 30, Model Town, Lahore under section 320, P.P.C. and sentencing him to undergo R.I. for six years and to pay Diyat of Rs.1,48,000 to the legal heirs of the deceased in one year in equal instalments or in default thereof to remain in jail till the payment of Diyat, was respectively .upheld and reduced to four years with maintaining the payment of amount of Diyat. He was also extended the benefit of section 382-B, Cr.P.C.
2. Leave to appeal is granted to consider whether the High Court has appraised the evidence on the record with a view to determining the question or rash and negligent driving by the petitioner on the date of occurrence i.e. 9-4-1991.
3. Let notice issue regarding prayer of regarding prayer of suspension of sentence for some early date.
Q.M.H./M.A.K./A-38/S Leave granted.