1985 PLP 884 (SCMR)
GHULAM HAIDER — Petitioner Versus THE STATE — Respondent
| Citation | 1985 PLP 884 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah and M.S.H. Quraishi, JJ |
| Parties | GHULAM HAIDER — Petitioner Versus THE STATE — Respondent |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1985 PLP 884 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1985 PLP 884 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and M.S.H. Quraishi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1985 PLP 884 (SCMR) (GHULAM HAIDER — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mehar Ghulam Ali Mubashar, Advocate Supreme Court and Ch.Mehdi Khan Mehtab, Advocate-on-Record for Petitioner.
- Date of hearing: 28th January, 1984.
- Khalil Ramday, Assistant-Advocate-General, Punjab for the State.
- After hearing his learned counsel, we feel that the main grievance of the petitioner is that the sentence of fine of Rs.10,000 is too severe, in the circumstances of the case. We issued notice to the Advocate General (Pb.) and Mr. Khalil Ramday, learned A.A.-G. has appeared his behalf and has been heard.
Headnotes / Summary
(On appeal from the judgment dated 15-10-1983 of the Lahore High Court, Bahawalpur Bench, Bahawalpur, in Cr. Appeal No.60 of 1982/ BWP) .
Art.185(3)--Penal Code (XLV of 1860), S.307--Attempt t9 murder-Sentence--Accused sentenced to 7 years' R.I. and fine of Rs.10,000--Fine of Rs.10,000 found to be too severe in circumstances of case--Petition converted into appeal and sentence of fine reduced to Rs.5,
000. Khalil Ramday, Assistant-Advocate-General, Punjab for the State.
Judgment & Decree
Khalil Ramday, Assistant-Advocate-General, Punjab for the State. Date of hearing: 28th January, 1984. NASIM HASAN SHAH, J.--The petitioner was convicted under section 307, P.P.C for causing serious injuries to Ghulam Muhammad, P.W.4, including two, on the head and was sentenced by the learned trial Magistrate to 7 year's R.I. and a fine of Rs.10,000, in default thereof to simple imprisonment for two years. On appeal, a learned Single Judge of the Lahore High Court, sitting at Bahawalpur, gaining the impression that the parties had entered into a compromise and further observing that the petitioner had served out more than one year of his sentence reduced the sentence of imprisonment to the sentenced already undergone by him, but maintained the sentence of fine of Rs.10,000, half of which, on realisation, was to be paid to Ghulam Muhammad, P.W.4 as compensation. The petitioner, still feeling aggrieved, has moved this Court for leave to appeal. After hearing his learned counsel, we feel that the main grievance of the petitioner is that the sentence of fine of Rs.10,000 is too severe, in the circumstances of the case. We issued notice to the Advocate General (Pb.) and Mr. Khalil Ramday, learned A.A.-G. has appeared his behalf and has been heard. In the peculiar circumstances of this case, we are inclined to reduce the sentence of fine to Rs.5,
000. This petition is, accordingly, converted into appeal and allowed to the extent that the sentence of fine is reduced to Rs.5,000, which shall, as realisation, be paid in its entirety to Ghulam Muhammad, P.W.4, as compensation. In default of payment of the fine, the petitioner shall suffer further simple imprisonment for two years, as already ordered. S.Q.???????????????????????????????????????????????????????????????????????????????????????? ??????????? Appeal allowed.