2006 PLP 1301 (MLD)
TALIB — Appellant Versus THE STATE — Respondent
| Citation | 2006 PLP 1301 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | TALIB — Appellant Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2006 PLP 1301 (MLD)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 1301 (MLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 1301 (MLD) (TALIB — Appellant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Heard the learned Advocates for the parties. After arguing at some length learned counsel for the appellant has submitted that there are mitigating circumstances for reduction of sentence awarded to the appellant. He has contended that the appellant is aged about 82 years and except the allegation of instigation no overt act has been attributed to him. According to the contents of FIR., as well as the eye-witnesses, appellant was admittedly empty-handed at the time of incident. The learned counsel for the appellant has submitted that looking to the old age of the appellant coupled with the fact that he was empty-handed at the time of incident it would be in the interest of justice to convert the conviction from section 302(b), P.P.C. to section 302(c), P.P.C. and reduce sentence to already undergone. He was arrested on 28-8-2001 and since then he is continuously in custody. The learned counsel for the appellant had further stated that the appellant is prepared to deposit the amount of Rs.50,000 which has been awarded as compensation to the legal heirs of deceased Khadim Hussain.
Headnotes / Summary
S. 302(b)(c)
Sentence in reduction
Accused was 82 years old and except allegation of instigation no overt act had been attributed to him and contents of F.I.R. as well as eye-witnesses revealed that accused was empty-handed at the time of incident--By consent, conviction of accused was upheld, but same was converted from S.302(b), P.P.C. to S.302(c), P.P.C. and sentence of imprisonment was reduced to already undergone, and he was directed to be released accordingly.
Judgment & Decree
1. Granted. 2 and
3. This jail appeal is directed against the judgment dated 20-12-2004 passed by the learned I-Additional Sessions Judge, Larkana and Special Judge STA for Taluka Dokri and Shandadkot. The appellant has been convicted for the commission of offence under section 302(b), P.P.C. read with section 34, P.P.C. by way of Tazir and has been sentenced to imprisonment for life and to pay compensation of Rs.50,
000. Heard the learned Advocates for the parties. After arguing at some length learned counsel for the appellant has submitted that there are mitigating circumstances for reduction of sentence awarded to the appellant. He has contended that the appellant is aged about 82 years and except the allegation of instigation no overt act has been attributed to him. According to the contents of FIR., as well as the eye-witnesses, appellant was admittedly empty-handed at the time of incident. The learned counsel for the appellant has submitted that looking to the old age of the appellant coupled with the fact that he was empty-handed at the time of incident it would be in the interest of justice to convert the conviction from section 302(b), P.P.C. to section 302(c), P.P.C. and reduce sentence to already undergone. He was arrested on 28-8-2001 and since then he is continuously in custody. The learned counsel for the appellant had further stated that the appellant is prepared to deposit the amount of Rs.50,000 which has been awarded as compensation to the legal heirs of deceased Khadim Hussain. The learned State counsel has submitted that looking to the old age of appellant and allegation of instigation only he has no objection to the reduction of sentence. By consent the conviction of the appellant is upheld but it is converted from section 302(b), P.P.C. to section 302(c), P.P.C. The sentence of imprisonment is reduced to already undergone. The amount B of compensation is directed to be deposited with the Accounts Officer of this Court during the course of the day. After deposit of the compensation amount on behalf of appellant notice be issued to the complainant and amount be paid to him on proper verification and identification for distribution amongst the Aulliya (legal heirs of the deceased) according to their respective share. The appellant is serving out sentence in Central Prison Larkana. He is directed to be released forthwith if not required in any other case. H.B.T/T-13/K????????????????????????????????????????????????????????????????????????????????????? Order accordingly.