SCMR 1989

Present: Aslant Riaz Hussain and Saad Saood Jan, JJ (PLP)

Mst. AZRA PARVEEN‑‑Petitioner Versus THE STATE‑‑Respondent

Jurisdiction / Court
High Court
Decided Date
Criminal Petition for Special Leave to Appeal No.380 of 1978, decided on 6th April, 1988.
Honorable Judges
Aslant Riaz Hussain and Saad Saood Jan, JJ
Case Reference Summary (AEO Optimized)
Citation Present: Aslant Riaz Hussain and Saad Saood Jan, JJ (PLP)
Forum / Court High Court
Bench Members Aslant Riaz Hussain and Saad Saood Jan, JJ
Parties Mst. AZRA PARVEEN‑‑Petitioner Versus THE STATE‑‑Respondent
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This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case Present: Aslant Riaz Hussain and Saad Saood Jan, JJ (PLP)?

The case was heard and decided by the High Court bench comprising: Aslant Riaz Hussain and Saad Saood Jan, JJ.

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Cite this legal precedent as: Present: Aslant Riaz Hussain and Saad Saood Jan, JJ (PLP) (Mst. AZRA PARVEEN‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Representation

  • S.M. Tayyab, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner.
  • Date of hearing: 6th April, 1988.
  • Tanvir Ahmad, Advocate‑on‑Record for the Complainant.
  • ASLAM RIAZ HUSSAIN, J.‑‑After hearing the learned counsel for the petitioner as well as the learned counsel for the complainant and the learned Additional Advocate‑General, who appeared to assist the Court in response to a notice issued to him, we convert this petition into appeal and proceed to dispose of it as such.
  • Learned Additional Advocate‑General has no objection.

Headnotes / Summary

(Against the order of the Lahore High Court, Lahore, dated 26‑10‑1986 passed in Criminal Appeal No.473 of 1986). Penal Code (XLV of 1860) ‑‑‑S.307‑‑Constitution of Pakistan (1973'), Art.185(3)‑‑Sentence‑‑Considering circumstances in which occurrence took place and the subsequent developments brought to the notice of Supreme Court by accused and admitted by counsel of complainant, Court considered that plea for reduction of sentence of imprisonment urged on behalf of accused was justified specially in view of the fact that the fine imposed had already been paid by the accused‑‑Sentence of imprisonment imposed upon accused was thus reduced to that already undergone by her. Tanvir Ahmad, Advocate‑on‑Record for the Complainant. S.M. Zubair, Addl. A.‑G. for the State.

Judgment & Decree

ASLAM RIAZ HUSSAIN, J.‑‑After hearing the learned counsel for the petitioner as well as the learned counsel for the complainant and the learned Additional Advocate‑General, who appeared to assist the Court in response to a notice issued to him, we convert this petition into appeal and proceed to dispose of it as such.

2. In this case Mst. Azra Parveen was tried and convicted under section 307, P.P.C. for throwing kerosine oil on Mst. Kalsoom Akhtar and setting her on fire, for which she was sentenced to 7 years' R.I. and a fine of Rs.15,000.

3. Considering the circumstances in which the occurrence took place and the subsequent developments, brought to our notice by the learned counsel for the petitioner and admitted by the counsel for the complainant, we feel that the plea for reduction of sentence of imprisonment urged by the petitioner's counsel is justified specially in view of the fact that the fine of Rs.15,000 has already been paid by the appellant. Learned Additional Advocate‑General has no objection.

4. We, therefore, allow the appeal partly inasmuch as we reduce the appellant's sentence of imprisonment under section 307, P.P.C. to that already undergone by her. The sentence of fine (which has already been paid), is, however, maintained. A‑A./A‑445/S Sentence reduced.