1999 PLP 1292 (YLR)
NAZAR DIN‑‑‑Appellant Versus THE STATE‑‑‑Respondent
| Citation | 1999 PLP 1292 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | Sardar Muhammad Raza Khan, J |
| Parties | NAZAR DIN‑‑‑Appellant Versus THE STATE‑‑‑Respondent |
Q1: What are the key laws and sections cited in 1999 PLP 1292 (YLR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 1292 (YLR)?
The case was heard and decided by the Peshawar bench comprising: Sardar Muhammad Raza Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 1292 (YLR) (NAZAR DIN‑‑‑Appellant Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Dost Muhammad Khan and Saleemullah Khan Ranazai for Appellant,
- Date of hearing: 22nd February, 1999.
Headnotes / Summary
Penal Code (XLV of 1860)‑‑‑ ‑‑‑‑S. 193‑‑‑False evidence‑‑‑Deceased child was survived by the mother as well which fact had been suppressed by the accused in the Trial Court which factually amounted to perjury‑‑‑Accused, however, by suppressing the existence of his wife had not gained any monetary benefit which was a mitigating circumstance in his favour‑‑‑Sentence of six months's imprisonment awarded to accused by Trial Court in circumstances being harsh, the same was reduced to the imprisonment already undergone by him which was thirteen days only‑‑Fine imposed upon accused was also substantially reduced. S. Saeed Hussain Sherazi, Asstt, A.‑G. for the State.
Judgment & Decree
Nazar Din S/o Behram Din of Village Tatarkhel, Lakki Marwat stands convicted through the impugned order, dated 7‑1‑1999 by the learned Sessions Judge, Lakki Marwat, under section 193, P.P.C. for making perjury in the Court of Sessions and; Sentenced to imprisonment for six months and a fine of Rs.10,000 in default of payment whereof he is to suffer one month S.I.
2. The background is that in a road accident one Kaki Jan driver of a truck happened to kill the daughter of the appellant. A case under section 279/320, P.P.C. was registered and tried by the Court of Sessions. During trial, parties entered into compromise and, during compromise, the appellant gave a statement that his deceased daughter was survived by him and by none else, whereas, Mst. Zaitoon Bibi was his wife and was the legal heir of the deceased daughter. Such Mst. Zaitoon Bibi had also appeared in Court and had given statement that she had forgiven the accused in the name of Allah without charging anything.
3. In the aforesaid background, it is proved that the deceased child was survived by the mother as well which factum was suppressed by the appellant. It factually amounts to perjury and hence the appellant was rightly convicted.
4. The matter that remains to be decided is that of sentence. It is apparent on the face of record that the surviving family had not received any monetary benefit and hence by suppressing the existence of his wife, the appellant had not gained any monetary benefit. Had he intended to suppress her existence in order to gain some thing, he would not have allowed Mst. Zaitoon Bibi to appear in Court, to give statement and to prove her entity. This is a mitigating circumstance and in the attending circumstances of the case, the imprisonment seems to be harsh. The appeal is dismissed qua the factum of conviction but is accepted qua the factum of sentence. The sentence is modified to the imprisonment already undergone (13 days) plus a fine of Rs.3,000, in default of payment of which the judgment of the trial Court shall hold the field. The amount of fine shall be deposited with the Additional Registrar of this Court in order to be credited to the relevant head. N.H.Q./346/P Sentence reduced.