2004 PLP 969 (SCMR)
YARA and others — Petitioners Versus THE STATE — Respondent
| Citation | 2004 PLP 969 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Tanvir Ahmed Khan and Khalil-ur-Rehman Ramday, JJ |
| Parties | YARA and others — Petitioners Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2004 PLP 969 (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 969 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Tanvir Ahmed Khan and Khalil-ur-Rehman Ramday, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 969 (SCMR) (YARA and others — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Ehtesham Qadir Shah, Advocate Supreme Court with Mahmudul Islam, Advocate-on-Record for Petitioner.
- Date of hearing: 7th January, 2003.
Headnotes / Summary
(On appeal from the judgment dated 11-09-2002 of the Lahore High Court, Lahore, passed in Criminal Appeal No.212 of 2001).
S. 302(c)
Constitution of Pakistan (1973), Art. 185(3)
Sentence, reduction in
Contentions of the accused persons were that motive as stated by the complainant and admitted by them was that daughter of one of the accused was abducted by the deceased and this matter was being discussed in the Punchait where the alleged occurrence had taken place and that the accused persons were more than 60 years old at the time of occurrence and were in jail for the last more than five years
Validity-- Supreme Court, in view of the facts and circumstances of the case converted the petition for leave to appeal into appeal and reduced the sentences of accused persons to the period already undergone by them. Ms. Yasmeen Sehgal, A.A.-G. (on call) for the State.
Judgment & Decree
TANVIR AHMED KHAN, J.
Learned counsel for the petitioners, at the very outset, has stated, that he would press this petition only qua Yara and Dari sons of Karam Ali and Dilmeer son of Fateh Muhammad, petitioners and pray for the reduction of their sentences. He, however, does not press the same to the extent. of the, other petitioners. Accordingly this petition, to the extent of Ramzan, Mumtaz, Muhammad Yousaf and Jabar petitioners Nos.2, 4, 5 and 7 respectively is, therefore, dismissed as not pressed.
2. Towards his plea qua the reduction of sentences, the learned counsel has submitted, that 39 persons were implicated by the complainant for the murder of Muhammad Akram deceased. Out of them twenty-two were declared innocent during the investigation and 17 were charge-sheeted to stand the trial, The learned trial Judge after assessing the evidence convicted only the petitioners under section 302(b), P.P.C. and sentenced them to suffer imprisonment for life and to pay a compensation of Rs.5,000 each as provided under section 544-A, Cr.P.C. to the legal heirs of the deceased and the remaining 10 of the accused persons, were acquitted by, the learned trial court.
3. All the petitioners filed an appeal in the Lahore, High Court and the learned Judges of the Lahore High Court modified the conviction of the petitioners to under section 302(c), P.P.C. and sentenced them to imprisonment for 14 years R.I.
4. Learned counsel further submits that out of the seven, three or the petitioners were more than 60 years of age at the time of occurrence. They are in jail for the last more than five years. He has further submitted that the motive stated by the complainant and admitted during the course of proceedings was that Mst. Kausar Bibi daughter of Yara petitioner No.1 was abducted by the deceased and this matter was being discussed in the Punchait where the alleged occurrence had taken place.
5. After hearing the learned counsel for the petitioner for quite some time, we thought it proper to issue notice to the State. Ms. Yasmeen Sehgal learned A.A.-G. is present in Court on call and accepts notice.
6. After considering all aspects of the case, we are inclined to agree with the learned counsel for the petitioners and keeping in view the fact that admittedly Yara, Dari and Dilmeer petitioners were more than 60 years old at the time of the occurrence and they are in jail for the last more than five years, we accept their prayer for reduction of sentences of imprisonment awarded to them. Consequently maintaining the conviction of Yara, Dari and Dilmeer petitioners under section 302(c), P.P.C. their sentences of imprisonment are reduced to the period already undergone by them. Accordingly we convert this petition into appeal and dispose of the same to their extent in the above terms. M.B.A./Y-16/S Sentence reduced.