2017 PLP 364 (SCMR)
MUHAMMAD SARFRAZ — Appellant Versus The STATE and others — Respondents
| Citation | 2017 PLP 364 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Asif Saeed Khan Khosa, Umar Ata Bandial and Ijaz ul Ahsan, JJ |
| Parties | MUHAMMAD SARFRAZ — Appellant Versus The STATE and others — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2017 PLP 364 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 PLP 364 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Asif Saeed Khan Khosa, Umar Ata Bandial and Ijaz ul Ahsan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP 364 (SCMR) (MUHAMMAD SARFRAZ — Appellant Versus The STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Riaz Khalid Awan, Advocate Supreme Court and Mian Ghulam Hussain, Advocate-on-Record for Appellant.
Headnotes / Summary
(Against the judgment dated 28.06.2010 passed by the Lahore High Court, Lahore in Criminal Revision No. 511 of 2009 and Criminal Appeal No. 1343 of 2009)
Ss. 335 & 336
Itlaf-i-salahiyyat-i-udw
Injury to eye
Whether such injury attracted conviction and sentence under S. 335 read with S. 336, P.P.C.
Accused had caused an injury on an eye of the victim with an iron rod
Medical evidence including opinion rendered by a Medical Board as well as by an Ophthalmologist showed that there was a partial loss of vision in one eye of the victim, which partial loss of vision was permanent and could not be cured through surgery
Such injury to the victim did attract the provisions of S. 335, P.P.C. and, thus, the conviction and sentence of the accused recorded by the Trial Court for an offence under S. 335, P.P.C. read with S. 336, P.P.C. was not open to any legitimate exception
Appeal was dismissed accordingly.
Judgment & Decree
ASIF SAEED KHAN KHOSA, J.
For causing an injury on the left eye of one Zafar Iqbal with an iron rod the appellant namely Muhammad Sarfraz had inter alia been convicted by the trial court for an offence under section 336, P.P.C. and the said conviction and sentence had subsequently been upheld by the High Court. Leave to appeal had been granted in this case in order to consider whether in the facts and circumstances of the case the provisions of section 336, P.P.C. stood attracted to the allegation leveled against the appellant or not. With the assistance of the learned counsel for the appellant and the learned Additional Prosecutor-General, Punjab appearing for the State we have gone through the record of the case with particular emphasis on the medical evidence available on the record and have found that through the statement of Dr. Muhammad Aslam (PW1), the Medico-legal Certificate issued by that doctor, the opinion rendered by a Medical Board as well as the opinion furnished by an Ophthalmologist it had been established that there was a partial loss of vision of the right eye of the victim namely Zafar Iqbal which partial loss of vision was to stay permanently and could not be cured even through a surgery. In view of availability of such medical evidence we have entertained no manner of doubt that the injury caused by the appellant to the victim did attract the provisions of section 335, P.P.C. and, thus, the conviction and sentence of the appellant recorded by the trial court for an offence under section 335, P.P.C. read with section 336, P.P.C. were not open to any legitimate exception. This appeal is, therefore, dismissed. MWA/M-80/SC Appeal dismissed.