1988 PLP 928 (SCMR)
KHALID AHMAD‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1988 PLP 928 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain and Saad Saood Jan, JJ |
| Parties | KHALID AHMAD‑‑Petitioner Versus THE STATE‑‑Respondent |
Q1: What are the key laws and sections cited in 1988 PLP 928 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 928 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 928 (SCMR) (KHALID AHMAD‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Qazi Umar Daraz, Advocate Supreme Court and Mahmood A. Qureshi, Advocate‑ on‑Record for Petitioner.
- Date of hearing 2nd December, 1987.
Headnotes / Summary
(From the judgment dented 26th July, 1987 of the Lahore High Court, Lahore in Criminal Appeal No.368 of 1986). Penal Code (XLV of 1860)‑‑ ‑‑Ss.302 & 304‑A‑‑Constitution of Pakistan (1973), Art.185(3)‑‑Leave to appeal‑‑Petitioner tried on charge under S.302, P.P.C. but was convicted by trial Court for offence under S.304‑A, P.P. C.‑‑Leave to appeal granted to consider plea that it was not open to Trial Court to convict petitioner under S.304‑A, P.P.C. as offence under said section was not cognate to offence under 5.302, P.P.C. Ahmad Din v. The State P L D 1959 Lah. 760 ref. Nemo for the State.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑This is a petition for special leave to appeal by Khalid Ahmad who was convicted by the Additional Sessions Judge, Kasur, of an offence under section 304‑A of the Pakistan Penal Code and sentenced to suffer rigorous imprisonment for a period of seven years and to pay a fine of Rs.2,
000. He preferred an appeal before the High Court but it was dismissed.
2. The allegations against the petitioner were that on 18‑9‑1981, at about 3‑30 p.m., he drove his tractor rashly/ negligently with the result that it ran over one Muhammad Ashraf who was carrying a bundle of fodder on his head on the way to his village. The petitioner did not deny that he had run over the deceased but disputed his criminal liability on the ground that it was the deceased who was responsible for the accident.
3. The trial Court tried the petitioner on a charge under section 302 of the Pakistan Penal Code but convicted him of the offence under section 304‑A. In support of this petition, it is urged that it was not open to the learned trial Court to convict him of the offence under section 304‑A as the offence under this section was not cognate to the offence under section
302. In support of this contention, he relies upon a judgment of the West Pakistan High Court reported as Ahmad Din v. The State P L D 1959 Lah.
760. This contention needs examination. Leave to appeal is accordingly granted. M.I./K‑45/S Leave granted.