2004 PLP 1100 (SCMR)
IRSHAD AHMED — Petitioner Versus THE STATE — Respondent
| Citation | 2004 PLP 1100 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Javed Iqbal and Faqir Muhammad Khokhar, JJ |
| Parties | IRSHAD AHMED — Petitioner Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 2004 PLP 1100 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 1100 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Javed Iqbal and Faqir Muhammad Khokhar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 1100 (SCMR) (IRSHAD AHMED — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Abdul Samad Hashmi, Advocate Supreme Court for Petitioner.
- Nemo for Respondent.
Judgment & Decree
FAQIR MUHAMMAD KHOKHAR, J.
This petition is directed against order, dated 14-3-2002 passed by the Lahore High Court, Lahore in Criminal Miscellaneous No. 321-M of 2002 in Criminal Appeal. No. 760 of 1998.
2. The petitioner and his co-accused Babar Ali were convicted under section 308, P.P.C. by the Additional Sessions, Judge, Sheikhupura for the murder of Muhammad Naeem by judgment, dated 23-6-1998 , in case F.I.R. No.56 of 1996, dated 15-3-1996 registered at Police Station, Sangla Hill, District Sheikhupura. They were sentenced to 14 years' R.I. each by way of Ta'zir with the direction to pay Diyat in the sum of Rs. 2,50,
000. The benefit of section 382-B, Cr.P.C. was also extended to them. The petitioner filed Criminal Appeal No.760 of 1998 before the Lahore High Court, Lahore which was disposed of by judgment, dated 22-3-2001 whereby the judgment of the trial Court was modified to the extent of amount of Diyat, which was reduced to Rs.1,89,
606. The petitioner was released on bail and was required to make payment of amount of Diyat in three equal annual instalments, the first instalment being payable on 20-3-2002. In case of default in the payment of any instalment he was to be taken into custody and remitted to jail to be dealt in the same manner as if sentenced to simple imprisonment until the payment of entire amount of Diyat. The petitioner moved Criminal Miscellaneous No. 321-M of 2002 for reviewing the judgment, dated 22-3-2001. The same was dismissed by the Lahore High Court, Lahore by impugned order, dated 14-3-2002. Hence this petition for leave to appeal.
3. The learned counsel argued that the petitioner, being a minor at the time of occurrence was not liable to make any payment of Diyat by virtue of the provisions of Proviso 1 of section 308, P.P.C.
4. We have heard the learned counsel for the petitioner at length. We find that the learned counsel failed to point out as to how the earlier judgment, dated 22-3-2001 passed by the Lahore High Court, Lahore in Criminal Appeal No.760 of 1998 was open to review which had attained finality in terms of section 369, Cr.P.C. Even otherwise the petitioner having already attained majority at the time of the judgment of the trial Court was no longer a minor. Therefore, the first proviso which requires another person to make payment of Diyat amount as a substitute for a minor convict was not attracted to the facts of the present case. The impugned order of the Lahore High Court, Lahore does not suffer from any infirmity so as to call for any interference by this Court. This is not a fit case for grant of leave to appeal.
5. For the foregoing reasons, we do not find any merit in this petition and the same is dismissed accordingly. N.H.Q./I-71/S Petition dismissed.