MUHAMMAD ISMAIL AND 2 Other vs THE STATE AND ANOTHER — 1965 PLD 180

Citation: 1965 PLD 180

Court: Sindh High Court

Year: 1969

Decision Date: 1969-12-31

Parties: MUHAMMAD ISMAIL AND 2 Other vs THE STATE AND ANOTHER

Headnotes

Case cited as PLD 1965 Kar. 180

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Hayat Junejo Title: MUHAMMAD ISMAIL AND 2 Other vs THE STATE AND ANOTHER Case No.:Criminal Appeals Nos. 79 and 80 of 1969 Criminal Appeal No. 79 of 1969 JUDGMENT Reported As: PLD 1970 Karachi 261 Result: Appeals dismissed Judgment JUDGMENT M. HAYAT JUNEJO, J.-----These two Appeals Nos. 79 of 1969 and 80 of 1969 arise out of the judgment dated 13th February 1969, of the learned Sessions Judge, Nawabshah, in Sessions Case No. 70 of 1968. 2. The three appellants in Criminal Appeal No. 79 of 1969 were all police officers at the time of the incident. Appellant No. 1, namely Muhammad Ismail, was posted as A. S. I. P. At Moro while the other two, namely, Muhammad Idris and Sultan A.I were working as constables at the same police station. All these three appellants have been convicted for offences under sections 395 and 342, P. P. C. And sentenced to suffer R. I. For three years and two years respectively; both these sentences to run concurrently. The sentence of two years' R. I, under section 342, P. P. C. Appears to have been awarded through over--sight as the maximum provided under the said section is R. I. For one year only. On an application under section 439, Cr. P. C. Filed by the State a rule was issued calling upon these three appellants to show cause as to why the sentences awarded to them should not be enhanced and this question also would be dealt with in this judgment. 3. The four appellants in Criminal Appeal No. 80 of…

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