1985 PLP 827 (MLD)
MUHAMMAD YAMIN — Petitioner Versus THE STATE — Respondent
| Citation | 1985 PLP 827 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Rustam S. Sidhwa, J |
| Parties | MUHAMMAD YAMIN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 1985 PLP 827 (MLD)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1985 PLP 827 (MLD)?
The case was heard and decided by the Lahore bench comprising: Rustam S. Sidhwa, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1985 PLP 827 (MLD) (MUHAMMAD YAMIN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Bashir Zafar for Petitioner.
- Date of hearing: 6th April, 1985.
Headnotes / Summary
S. 338--Sentence--Accused seeking only reduction of sentence- Revision petition coming up for hearing after about 16 years--Accused undergoing agony of protracted trial--Psychological burden of apprehension of dismissal of revision petition for 16 years, held, itself was sufficient punishment--Sentence reduced to already undergone in circumstances.--[ Sentence ] . Noor Muhammad Paras for A.-G. for the State.
Judgment & Decree
Bashir Zafar for Petitioner. Noor Muhammad Paras for A.-G. for the State. Date of hearing: 6th April, 1985. This is a revision petition by Muhammnd Yamin, petitioner, against the judgment of an Additional Sessions Judge of Lahore, dated 25-6-19&9, partly accepting his appeal by setting aside his conviction and sentence under section 279, P.P.C, but maintaining his conviction under section 338, P.P.C. and the sentence of six months rigorous imprisonment imposed in respect thereof. 2 The prosecution care in brief is that on 29-12-1966 tit tibuut 11-30 a.m., Noor Elahi P.W.I was going on his bicycle from the Air Port to his home situated at Madina Colony Walton. When he reached near village Kora, a Jeep being driven by Muhammad Yameen, petitioner, came from behind and struck his bicycle, when he had already got off the main road and was on the Kacha Patri. As a result of this accident, Noor Elahi P.W.2 suffered a number of injuries, including fracture of his nasal bone, left leg and four ribs.
3. I have heard the arguments of the learned counsel for the petitioner and the State. Learned counsel for the petitioner only prays for the . reduction of the sentence due to the great delay arising in the disposal of the present revision petition. In view of the statement of the learned counsel for the petitioner, only this limited matter will be dealt with. It is true that this revision petition, which was admitted in 1969, has come up for hearing after almost sixteen years. The petitioner has also undergone the agony of a protracted trial. The petitioner has also psychologically been under the burden of facing the dismissal of his petition, which itself is sufficient punishment. Taking all circumstances into consideration, I would reduce the sentence of the petitioner to that already undergone.
4. For the foregoing reasons, whilst maintaining the conviction of Muhammad Yameen, petitioner, under section 338, P.P.C. I reduce his sentence to that already undergone. The petitioner is on bail. His bail bond shall stand discharged. This petition is, therefore, partly accepted, in terms of reduction in sentence, as stated above. S.A. Petition partly accepted.