2003 PLP 959 (MLD)
ALLAY YAR alias MUHAMMAD YAR and another — Petitioners Versus THE STATE — Respondent
| Citation | 2003 PLP 959 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | ALLAY YAR alias MUHAMMAD YAR and another — Petitioners Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 2003 PLP 959 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP 959 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 959 (MLD) (ALLAY YAR alias MUHAMMAD YAR and another — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Malik Muhammad Imtiaz Mahal for Petitioners.
Headnotes / Summary
Ss. 354/447
Criminal Procedure Code (V of 1898). S.439-- Appreciation of evidence
Sentence, reduction in
Trial Court convicted and sentenced the accused under Ss. 354 & 447, P.P.C.--Appellate Court set aside conviction of accused under S.447, P.P.C., but maintaining conviction of accused under S.354, P.P.C., reduced the sentence from one year R.I. to six months' R.I.
Accused did not challenge said conviction, but had prayed for reduction in sentence contending that offence against the accused was not heinous and the accused were not previous convicts and also had no criminal history--Validity- --Accused had no previous criminal history and occurrence had taken place due to civil litigation-- Accused had already undergone sentence for a period of four months
Maintaining conviction, sentence was reduced to already undergone.
Judgment & Decree
Malik Muhammad Imtiaz Mahal for Petitioners. Haji Ghulam Asghar for the State. Date of hearing: 25th February, 2003. The petitioners were tried in case F. I. R. No. 193 of 1997, under sections 447/48 and 354, P.P.C. registered at Police Station, Mandi Ahmed Abad, Okara by learned trial Court, Depalpur. Vide judgment dated 9-5-2002, they were convicted and sentenced under section 447, P.P.C. to undergo 3 months' R.I. each. They were also convicted and sentenced under section 354, P.P.C. to one year R.I. and a fine or Rs.5,000 each. The petitioners filed an appeal against the said judgment which was disposed of by the learned Sessions Judge, Depalpur vide a judgment dated 30-10-2002 and while maintaining the conviction the sentence was reduced from one year R.I. to six months' R.I. under section 354, P.P.C. but conviction under section 447, P.P.C. was set aside. The learned counsel for the petitioners does not challenge the conviction recorded against the petitioners. However, he has prayed than, the offence was not heinous and the petitioners have been acquitted in the main offence; that both the petitioners are not previous convicts and have no criminal history. Therefore, the sentence be reduced adequately. It has been further stated that the petitioners have already undergone about four months. The petition has been opposed vehemently by the learned counsel for the State. I have heard the learned counsel for the parties and have perused the record. Having gone through the impugned judgment. I do not find any illegality, infirmity or mis-appreciation of evidence in the impugned judgment. Therefore, the learned counsel for the petitioners is justifies in not challenging the conviction recorded by the learned trial Court and maintained by learned Appellate Court. So far as the sentence is concerned, the petitioners were convicted in the main charge and have been sentenced only under section 354, P.P.C. They have no previous criminal history and the occurrence took place due to civil litigation. They have already undergone the sentence for a period of four months. Therefore, while maintaining the conviction. I reduce the sentence having been already undergone by the petitioners which will meet the ends of justice. If not required in any other criminal case they be released immediately. H.B.T./A-723/L Order accordingly.