2004 PLP 1153 (SCMR)
KHALID HUSSAIN ‑‑‑Petitioner Versus ABDUL RAZZAQ and others‑‑‑Respondents
| Citation | 2004 PLP 1153 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Tanvir Ahmed Khan and Khalil‑ur‑Rahman Ramday, JJ |
| Parties | KHALID HUSSAIN ‑‑‑Petitioner Versus ABDUL RAZZAQ and others‑‑‑Respondents |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 2004 PLP 1153 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 1153 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Tanvir Ahmed Khan and Khalil‑ur‑Rahman Ramday, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 1153 (SCMR) (KHALID HUSSAIN ‑‑‑Petitioner Versus ABDUL RAZZAQ and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sardar Muhammad Latif Khan Khosa, Advocate Supreme Court and Faizur Rehman, Advocate‑on‑Record for Petitioner.
- Muhammad Sharif Chohan, Advocate Supreme Court for Respondent No. 1.
- Date of hearing: 18th March, 2003,
Headnotes / Summary
(On appeal from the order, dated 15‑1‑2003 of the Lahore High Court, Multan Bench, Multan, passed upon Criminal Miscellaneous No.1 of 2003 in Criminal Appeal No. 1005 of 2002). ‑‑‑‑S. 302(b)‑‑‑Criminal Procedure Code (V of 1898), S.426‑‑ Constitution of Pakistan (1973), Art. 185(3)‑‑‑High Court through the impugned order had suspended the sentence of imprisonment for life awarded to accused under S.302(b), P.P.C.‑‑‑Accused had neither caused any injury to the deceased nor to any prosecution witness and he himself had received two serious sharp‑edged weapon injuries which had not been explained by the prosecution‑‑‑Discretion exercised by the High Court under S.426, Cr.P.C. did not suffer from any illegality or legal infirmity‑‑‑Leave to appeal was refused to accused accordingly.
Judgment & Decree
‑‑‑‑S. 302(b)‑‑‑Criminal Procedure Code (V of 1898), S.426‑‑ Constitution of Pakistan (1973), Art. 185(3)‑‑‑High Court through the impugned order had suspended the sentence of imprisonment for life awarded to accused under S.302(b), P.P.C.‑‑‑Accused had neither caused any injury to the deceased nor to any prosecution witness and he himself had received two serious sharp‑edged weapon injuries which had not been explained by the prosecution‑‑‑Discretion exercised by the High Court under S.426, Cr.P.C. did not suffer from any illegality or legal infirmity‑‑‑Leave to appeal was refused to accused accordingly. Sardar Muhammad Latif Khan Khosa, Advocate Supreme Court and Faizur Rehman, Advocate‑on‑Record for Petitioner. Muhammad Sharif Chohan, Advocate Supreme Court for Respondent No.
1. Date of hearing: 18th March, 2003, TANVIR AHMAD KHAN, J.‑‑‑Leave to appeal is sought against the order, dated 15‑1-2003 whereby a learned Division Bench of the Lahore High Court, Multan Bench, Multan, suspended the sentence of respondent No.1 Abdul Razzaq, recorded by the learned Additional Sessions Judge, Burewala, in a case emanated out of F.I.R. No. 76 of 2002 registered on 17‑2‑2002 at Police Station, City Burewala, District Vehari under sections 302/337‑A(ii)/34, P.P.C.
2. It is reflected from the judgment of the learned Additional Sessions Judge that challan was submitted against Ghulam Muhammad and his two sons Muhammad Iqbal and Abdul Razzaq in the aforesaid case. The learned trial Judge through his judgment, dated 28‑11‑2002 acquitted Ghulam Muhammad from the charge under sections 302/34, P.P.C. and convicted him under section 337‑A(iii), P.P.C. for causing hurt to P.W. Abdul Ghafoor and sentenced him to five years' R.I. with compensation of Rs.10,000 to the injured. Muhammad Iqbal and Abdul Razzaq were convicted under section 302(b), P.P.C. the former was sentenced to death while the latter was sentenced to imprisonment for life. A learned Division Bench of the High Court through the impugned order, dated 15‑1‑2003 suspended the sentence of Abdul Razzaq on the ground that he neither caused any injury to the deceased nor to any P.W. Further he himself received two serious injuries with a sharp‑edged weapon which had not been explained by the prosecution.
3. Learned counsel for the petitioner has failed to point out any illegality or legal infirmity in the exercise of discretion exercised by the B learned Division Bench of the High Court. The instant petition is accordingly dismissed and leave refused. N.H.Q./K‑9/S Leave refused.