PCRLJ 1987

1987 P Cr (PLP)

HAKIM ALI‑ ‑Petitioner Versus THE STATE‑‑Respondent

Jurisdiction / Court
Lahore
Decided Date
Criminal Miscellaneous No. 1 in Criminal Appeal No. 81 of 1987, decided on 13th April, 1987.
Honorable Judges
Muhammad Rafiq Tarar and Raja Afrasiab Khan. JJ
Case Reference Summary (AEO Optimized)
Citation 1987 P Cr (PLP)
Forum / Court Lahore
Bench Members Muhammad Rafiq Tarar and Raja Afrasiab Khan. JJ
Parties HAKIM ALI‑ ‑Petitioner Versus THE STATE‑‑Respondent
Primary Law Criminal Procedure Code (V of 1898)‑‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1987 P Cr (PLP)?

This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑ as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1987 P Cr (PLP)?

The case was heard and decided by the Lahore bench comprising: Muhammad Rafiq Tarar and Raja Afrasiab Khan. JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1987 P Cr (PLP) (HAKIM ALI‑ ‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)‑‑

Representation

  • Ch. Muhammad Hussain Chhachhar for Petitioner.

Headnotes / Summary

‑‑‑S. 426‑‑Penal Code (XLV of 1860), S.302‑‑Suspension of sentenceBail, grant of‑‑Petitioner attributed role of putting a Saafa around the neck of deceased and pulling him while co‑accused causing him injuries ‑Role attributed to petitioner, however, falsified since no ligature mark or injury on the neck of deceased was mentioned in medical evidence‑‑A case for suspension of sentence, held, made out, in circumstances‑ Petitioner allowed bail. Kh. Muhammad Asghar for the State. Zafar Iqbal Chaudhry for the Complainant.

Judgment & Decree

MUHAMMAD RAFIQ TARAR, J.‑‑This is a petition for suspension of sentence on behalf of Hakim Ali petitioner who has been sentenced to imprisonment for life and a fine of Rs.10,000 under section 302/34, P.P.C.

2. The role attributed to the petitioner was that he put a `Saafa' around the neck of Hanif deceased and pulled him while his co‑accused Nizam Din caused an injury with a Barchhi on his left flank and co‑accused Ramzan gave him a Sota blow.

3. Suspension of sentence is claimed on the ground that the part attributed to the petitioner is falsified by the medical evidence. Learned State counsel has opposed the prayer for bail.

4. According to the medical evidence, there were two injuries on the dead body, viz. a penetrating incised wound on left side of abdomen and a lacerated wound on scalp. The first injury was attributed to Nizam Din and the other to Ramzan. No ligature mark or injury on the neck finds mention in the medical evidence. In the circumstances, a case for the suspension of sentence is made out. Accordingly, we suspend the sentence of the petitioner subject to his furnishing security in the sum of Rs.50,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner, Okara. S.G.D./H‑18/L Bail allowed.