1987 PLP 1472 (SCMR)
MUHAMMAD RAFIQ‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1987 PLP 1472 (SCMR) |
| Forum / Court | ‑‑‑Ss. 302 & 304, Part I‑‑Criminal Procedure Code (V of 1898), S.382‑B‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Reduction in sentence‑‑Petition for leave to appeal‑‑High Court on appeal altering conviction of accused from S. 302 to S. 304, Part I, Penal Code and reducing his sentence from death to imprisonment for life‑‑Part attributed to accused was that he gave a Dranti blow on neck of deceased whereby deceased's neck was almost severed‑‑Considering nature of weapon used by accused as well as location and extent of injury on person of deceased, High Court, held, was justified in awarding him sentence of life imprisonment and also giving him benefit of 5.382‑B, Cr. P.C.‑‑No case for reduction of sentence made having been out leave to appeal refused.‑‑Sentence. |
| Bench Members | Aslam Riaz Hussainl and Saad Saood Jan, JJ |
| Parties | MUHAMMAD RAFIQ‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Penal Code (XLV of 1860)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 1472 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 1472 (SCMR)?
The case was heard and decided by the ‑‑‑Ss. 302 & 304, Part I‑‑Criminal Procedure Code (V of 1898), S.382‑B‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Reduction in sentence‑‑Petition for leave to appeal‑‑High Court on appeal altering conviction of accused from S. 302 to S. 304, Part I, Penal Code and reducing his sentence from death to imprisonment for life‑‑Part attributed to accused was that he gave a Dranti blow on neck of deceased whereby deceased's neck was almost severed‑‑Considering nature of weapon used by accused as well as location and extent of injury on person of deceased, High Court, held, was justified in awarding him sentence of life imprisonment and also giving him benefit of 5.382‑B, Cr. P.C.‑‑No case for reduction of sentence made having been out leave to appeal refused.‑‑Sentence. bench comprising: Aslam Riaz Hussainl and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 1472 (SCMR) (MUHAMMAD RAFIQ‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Hanif Niazi, Advocate Supreme Court and S. Wajid Hussain, Advocate‑on‑Record (absent) for Petitioner.
- Nemo for Respondent.
- Date of hearing: 9th June, 1987.
Headnotes / Summary
(Against the judgment of the Lahore High Court, Lahore, dated 4‑2‑1985 passed in Criminal Appeal No. 215 of 1982). ‑‑‑Ss. 302 & 304, Part I‑‑Criminal Procedure Code (V of 1898), S.382‑B‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Reduction in sentence‑‑Petition for leave to appeal‑‑High Court on appeal altering conviction of accused from S. 302 to S. 304, Part I, Penal Code and reducing his sentence from death to imprisonment for life‑‑Part attributed to accused was that he gave a Dranti blow on neck of deceased whereby deceased's neck was almost severed‑‑Considering nature of weapon used by accused as well as location and extent of injury on person of deceased, High Court, held, was justified in awarding him sentence of life imprisonment and also giving him benefit of 5.382‑B, Cr. P.C.‑‑No case for reduction of sentence made having been out leave to appeal refused.‑‑[Sentence].
Judgment & Decree
ASLAM RIAZ HUSSAIN, J.‑‑The petitioner seeks leave to appeal against the judgment of the High Court dated 4‑2‑1985. He was tried alongwith some others for the murder of Muhammad Sadiq. The trial court convicted him under section 302, P.P.C. and sentenced him, inter alia, to death. On appeal the High Court altered his conviction from 302 , P . P . C . to 304‑I , P . P . C . and reduced his sentence from death to imprisonment for life.
2. Muhammad Rafiq petitioner is still not satisfied and wants reduction in his sentence. The part attributed to him is that he gave a Drant blow on the neck of the deceased whereby the deceased's neck was almost severed. Learned counsel for the petitioner urged that since this injury was caused by Muhammad Rafiq during a sudden fight, therefore, he is entitled to lesser sentence.
3. Considering the nature of the weapon used by the petitioner as well as the location and the extent of the injury on the person of the deceased the High Court was justified in awarding him sentence of life imprisonment but he was also given the benefit of Section 382‑B, Cr.P.C. No case for reduction in his sentence is made out. Leave is consequently refused. S.Q./M‑121/S Leave refused.