1970 P Cr (PLP)
THE STATE‑Petitioner Versus ABDUR RAHMAN AND 3 OTHERS‑Respondents P. S. L. A. No. 142 of 1969
| Citation | 1970 P Cr (PLP) |
| Forum / Court | Supreme Court |
| Bench Members | Hamoodur Rahman, C. J., Muhammad Yaqub Ali and Wahiduddin Ahmad, JJ |
| Parties | THE STATE‑Petitioner Versus ABDUR RAHMAN AND 3 OTHERS‑Respondents P. S. L. A. No. 142 of 1969 |
Q1: What are the key laws and sections cited in 1970 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1970 P Cr (PLP)?
The case was heard and decided by the Supreme Court bench comprising: Hamoodur Rahman, C. J., Muhammad Yaqub Ali and Wahiduddin Ahmad, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1970 P Cr (PLP) (THE STATE‑Petitioner Versus ABDUR RAHMAN AND 3 OTHERS‑Respondents P. S. L. A. No. 142 of 1969). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Raja Said Akbar Khan, Advocate‑General West Pakistan (Saeedur Rahman Khan, Advocate Supreme Court with him) instructed by Ijaz Ali Sheikh, Advocate‑on‑Record for the State.
- Masood Akhtar, Advocate Supreme Court for Petitioners.
Headnotes / Summary
Ss. 302 & 304, Part H‑Large number of injuries on deceased disclosing sustained beating‑Special Leave to Appeal granted by Supreme Court to consider whether High Court was justified in converting sentence under S.,3W to one under S. 304, Part R.
Judgment & Decree
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 12th March 1969, in Criminal Appeal No. 669 of 1968). Penal Code (XLV of 1860),
Ss. 302 & 304, Part H‑Large number of injuries on deceased disclosing sustained beating‑Special Leave to Appeal granted by Supreme Court to consider whether High Court was justified in converting sentence under S.,3W to one under S. 304, Part R. P. S. L. A. No. 134 of 1969 Raja Said Akbar Khan, Advocate‑General West Pakistan (Saeedur Rahman Khan, Advocate Supreme Court with him) instructed by Ijaz Ali Sheikh, Advocate‑on‑Record for the State. P. S. L. A. No. 142 of 1969 Masood Akhtar, Advocate Supreme Court for Petitioners. Date of hearing: 8th December 1969. MUHAMMAD YAQUB ALI, J.‑The four respondents were found guilty of the murder of one Muhammad Shafi and sentenced each by the Sessions Judge, Lyallpur, to death. On appeal and reference the learned Judges in the High Court affirmed the finding that the respondents were responsible for causing a large number of injuries to Muhammad Shafi which resulted in his death, but in the view that they could only be credited with the knowledge that the injuries caused by them were likely to cause death converted their convictions to section 304, Part II, P. P. C. and awarded them sentence of 8 years' rigorous imprisonment each. The State has applied for leave to appeal on the ground that in view of the large number of injures of which some were inflicted on vital parts of the deceased and were grievous in nature more particularly injury No. 11 which was sufficient in ordinary course to cause death, the offence committed by the respondents fell under section 302, P. P. C. The injuries found on the person of the deceased disclose long and sustained beating which inter alia resulted in fracture of the 10th and 11th rib and injury to pleurae and left lung. It, there fore, requires consideration whether the offence committed by the respondents does not attract clauses 2ndly and 3rdly of section 300, P. P. C. Leave to appeal is granted. Non‑bailable warrants for the arrest of the respondents to issue. Leave granted.