2007 PLP 224 (SCMR)
ABDUL RAZZAQ — Petitioner Versus ALLAH YAR and another — Respondents
| Citation | 2007 PLP 224 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | M. Javed Buttar and Raja Fayyaz Ahmed, JJ |
| Parties | ABDUL RAZZAQ — Petitioner Versus ALLAH YAR and another — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2007 PLP 224 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 224 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: M. Javed Buttar and Raja Fayyaz Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 224 (SCMR) (ABDUL RAZZAQ — Petitioner Versus ALLAH YAR and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S.M. Tayyab, Senior Advocate Supreme Court and Ch. Muhammad Anwar Khan, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
Headnotes / Summary
(On appeal from the judgment, dated 18-10-2005 of the Lahore High Court, Lahore passed in Criminal Appeal No.197 of 2004).
S. 302(b)
Constitution of Pakistan (1973), Art.185(3)
Incident was a day time occurrence
Only injury suffered by deceased was attributed to accused
Both Courts below had disbelieved defence plea and believed ocular account, presence of eye-witnesses at the time and place of occurrence and the promptness with which F.I.R. was lodged, but no cogent reasons had been given for not awarding the normal penalty of death for murder of deceased
High Court, as regarded sentence, had not enhanced the sentence on the ground that occurrence had taken place at the spur of the moment and not in a pre-planned manner and only single blow with Chhuri was caused to deceased
Leave to appeal was granted to consider whether accused had been correctly sentenced in accordance with law laid down by Supreme Court.
Judgment & Decree
M. JAVED BUTTAR. J.
The petitioner, through this petition is seeking leave to appeal against the judgment, dated 18-10-2005 passed by a learned Judge in Chambers, Lahore High Court, whereby petitioner's Criminal Revision No.590/2004 for enhancement of sentence was dismissed.
2. Respondent No.1, Allah Yar stands involved in case F.I.R. No.418, dated 8-6-2002, registered at Police Station, Saddar, District Faisalabad for an occurrence of the same day at 3.30 p.m. in which Liaqat Ali deceased was killed for having suffered a single injury, which was attributed to respondent No.1, who was allegedly armed with a Chhuri. The trial Court, convicted respondent under section 302(b), 'P.P.C. and sentenced him to imprisonment for life. The conviction and sentence have been maintained by the High Court.
3. We have heard the learned counsel for the petitioner and have also seen the available record.
4. It is a day time occurrence. The only injury suffered by the deceased is attributed to respondent No.1. Both the Courts below have disbelieved the defence plea and believed the ocular account, the presence of eye-witnesses at the time and place of occurrence and the promptness with which the F.I.R. was lodged yet, no cogent reasons A have been given for not awarding the normal penalty of death for murder of the deceased. The learned Judge of the High Court, as regards the sentence, has not enhanced the sentence on the ground that the occurrence had taken place at the spur of the moment and not in a preplanned manner and only single blow with Chhuri was caused to the deceased.
5. Leave is granted to consider whether respondent No.1, Allah Yar has been correctly sentenced in accordance with the law laid down by this Court. H.B.T./A-22/SC????????????????????????????????????????????????????????????????????????????????? Leave granted.