1992 PLP 743 (MLD)
ABID ALI and another — Petitioners Versus THE STATE — Respondent
| Citation | 1992 PLP 743 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | ABID ALI and another — Petitioners Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1992 PLP 743 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP 743 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP 743 (MLD) (ABID ALI and another — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Iqbal Bhatti for Petitioner.
- 2. Learned counsel for the petitioners submitted that this Court had announced in the open Court that the appeal was dismissed but the sentence of death awarded to the petitioners was altered to life imprisonment on both counts. However, when the certified copy of the judgment was obtained, it revealed that the appeal was dismissed in toto and there was no mention about the alteration of the death sentence to imprisonment for life. He has produced affidavits of the counsel appearing for the petitioner, Kh. Muhammad Sharif, the learned counsel for the complainant and Mr. Muhammad Iqbal Khhichi, the learned Assistant Advocate-General both have supported this petition.
Headnotes / Summary
S. 561-A
Inherent jurisdiction of High Court
Correction of omission in judgment
Accused persons in their application for correction of accidental omission in judgment of Court had submitted that Court had announced in open Court that appeal of accused persons was dismissed, but sentence of death awarded to them was altered to life imprisonment, but certified copy of judgment was showing that appeal was dismissed in toto and there was no mention in the judgment about alteration of death sentence to imprisonment for life
Submission of accused with regard to alteration of death sentence to imprisonment for life, proved true from note book of one of the Judges of High Court
Accidental omission in judgment was corrected accordingly.
Judgment & Decree
MUHAMMAD MUNIR KHAN, J.
Through this petition under section 561-A, Cr.P.C. Abid Ali and Mian Haroon petitioners have invoked the inherent jurisdiction of this Court for the correction of accidental omission in the judgment dated 28-4-1.991 of this Court passed in Cr.A. No. 472 of 1988.
2. Learned counsel for the petitioners submitted that this Court had announced in the open Court that the appeal was dismissed but the sentence of death awarded to the petitioners was altered to life imprisonment on both counts. However, when the certified copy of the judgment was obtained, it revealed that the appeal was dismissed in toto and there was no mention about the alteration of the death sentence to imprisonment for life. He has produced affidavits of the counsel appearing for the petitioner, Kh. Muhammad Sharif, the learned counsel for the complainant and Mr. Muhammad Iqbal Khhichi, the learned Assistant Advocate-General both have supported this petition.
3. The Note Book of one of us (Justice Muhammad Munir Khan) shows that the appeal was dismissed but the sentence of death of the petitioners was altered to imprisonment for life on two counts. It appears that due to accidental omission, it could not be dictated that the sentence of death was altered to imprisonment for life. This being the position, the last para. of the judgment dated 28-4-1991 passed in Cr.A.No.472 of 1988 and 530 of 1988 will be read as follows:- "Pursuant to the above discussion the appeal filed by Abid Ali alias Babu and Haroon alias Guddoo against their conviction and sentence and Criminal State Appeal against the acquittal of Hameed, Shamas ud-Din and Javed are dismissed but the sentence of death awarded to Abid Ali alias Babu and Haroon alias Guddoo appellant is altered to imprisonment for life on two counts. However, the sentence of fine and compensation and imprisonment in default thereof awarded by the trial Court are maintained." H.B.T./A-70/L Order accordingly.