Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUHAMMAD ASLAM VS Respondent: SULEMAN
1988 S C M R 539
1988 S C M R 539
Present: Aslam Riaz Hussain, Javid Iqbal and Saad Saood Jan, JJ
MUHAMMAD ASLAM--Petitioner
versus
SULEMAN and others--Respondents
Petition for Leave to Appeal No.248 of 1984, decided on 17th January, 1988.
(On appeal from the judgment and order of the Lahore High Court, Lahore dated 13th June, 1984 in Cr.A. 216 of 1977).
Penal Code (XLV of 1860)--
---Ss.302/34, 324 & 326--Criminal Procedure Code (V of 1898), Ss.544-A & 545--Leave to appeal--Accused charged under 5.302/34, P.P.C.- Trial Court convicting and sentencing accused under Ss.324 & 326, P. P. C . but High Court, on appeal reducing their sentences to the period already undergone by them--Contentions that since injuries had been deliberately caused to deceased by accused with intention to murder him, they should not have been convicted and sentenced under Ss.324 & 326, P . P.C. and that no mandatory fine under S .544-A, Cr.P. C. had been imposed--Leave to appeal granted to consider enhancement of sentence under 5.326, P.P.C. and also for imposition of fine under Ss.544-A & 545, Cr.P. C.
Kh. Muhammad Afzal, Advocate Supreme Court, instructed by Iqbal Ahmad Qureshi, Advocate-on-Record for Petitioner.
Nemo for Respondents.
Date of hearing:- 17th January, 1988.
ORDER
JAVID IQBAL, J.--This petition for leave to appeal is directed against judgment of the Lahore High Court, Lahore dated 13 June, 1984.
Brief facts are that Suleman and Saleem respondents were charged for an offence under sections 302/34, P.P.C. But the trial Court vide judgment dated 4 February, 1977 convicted Suleman respondent under section 326, P.P.C. and sentenced him to 5 years R.I. whereas Saleem respondent was convicted under section 324, P. P. C. sentenced to two years R.I. On appeal the High Court maintaining the convictions of the respondents reduced their sentences to the period already undergone by them.
The deceased in this case is Muhammad Umar. The occurrence took place at 3 p.m. on 18 October 197 3 near U . B . L. , within P . S . Kotwali, Faisalabad. The F.I.R. was lodged on the same day at 8 p.m. Both the respondents were arrested on 6 November 1973 and from them were recovered two human blood-stained knives on 16 November 1973. The eye-witnesses produced were Muhammad Nazir, Muhammad Anwar and Khurshid Alam who were unconnected. Motive was that four years before Muhammad Zaman, brother of the respondents was murdered and for his murder were implicated the present petitioner, Muhammad Younis and Abdul Waheed brothers of the deceased. Muhammad Younis was sentenced to death and his appeal was pending. The petitioner was acquitted whereas Abdul Waheed had absconded. The murder of the deceased was committed in order to take revenge. The prosecution version is that both the respondents had attacked the deceased by giving him knife blows. Suleman respondent caused him two blows on the inner and outer side of the left thigh while Saleem respondent gave a knife blow on his right thigh. The deceased died subsequently as a result of cutting of femoral artera, and septicaemia after 20 days.
Learned counsel argued before us that the injuries had beenr deliberately caused to the deceased by the respondents with the intention to murder the deceased and that therefore they should no have been convicted and sentenced under sections 326 and 324, P.P.C. It was also submitted that no fine under section 544-A, Cr.P. C. was imposed in this case, which was mandatory.
We grant leave to consider the enhancement of sentence in this case under section 326, P.P.C. and also for imposition of fine under section 544-A as well as under section 545, Cr.P.C. Bailable warrants be issued against the respondents Suleman and Saleem for a sum of Rs.25,000 each returnable to District Magistrate, Faisalabad.
S. Q./M-328/S Leave granted.