2002 PLP 1979 (SCMR)
MUHAMMAD HANIF and another‑‑‑Petitioners Versus THE STATE and another‑‑‑Respondents
| Citation | 2002 PLP 1979 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Munir A. Sheikh, Khalil‑ur‑Rehman Ramday and Faqir Muhammad Khokhar, JJ |
| Parties | MUHAMMAD HANIF and another‑‑‑Petitioners Versus THE STATE and another‑‑‑Respondents |
Q1: What are the key laws and sections cited in 2002 PLP 1979 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 1979 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Munir A. Sheikh, Khalil‑ur‑Rehman Ramday and Faqir Muhammad Khokhar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 1979 (SCMR) (MUHAMMAD HANIF and another‑‑‑Petitioners Versus THE STATE and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Malik Amjad Pervaiz, Advocate Supreme Court and Walayat Umer, Advocate‑on‑Record for Petitioners.
- Date of hearing: 1st April, 2002.
- Waheed Anwar, Advocate Supreme Court for the State (on Court's call).
- MUNIR A. SHEIKH, J.‑‑‑The petitioners have been convicted under sections 324, 337‑A(iii), 337‑F(iii) and 337‑H(iii), P.P.C., for causing injury to Muhammad Iqbal, P.W.2. Muhammad Iqbal P.W.2, is present in person who was identified by Rai Zahoor Hussain, Advocate, as he had conducted their case before the trial Court. Muhammad Iqbal has placed on record photo-copy of his I.D. No. 340‑46‑323275. Rai Zahoor Hussain, Advocate, who identified him has also placed photostat copy of his I. D. No. 1689‑384/C/Okara, issued by the Punjab Bar Council. Muhammad Iqbal says that he has compounded the offence and pardoned the petitioners in the name of Almighty Allah, who may be acquitted for offence under sections 324, 337‑A(iii), 337‑F(iii) and 337‑H(iii), P.P.C.
- 3. We have heard learned counsel for the petitioners, as regards conviction and sentence of the petitioners under section 379, P.P.C., we have called State Counsel in response whereof Mr. Waheed Anwar, Advocate Supreme Court has appeared and has been heard. The petitioners were convicted under section 379, P.P.C. on the allegation that while causing injury to Muhammad Iqbal, they had also taken away .12 bore gun of the complainant. Both the petitioners have been sentenced to 3 years' R.I. with a fine of Rs.5,000 each, in default whereof to undergo 6 months' R.I. each. The said gun was recovered from Abdul Jabbar, petitioner No.2. The complainant Muhammad Saleem who appeared as P.W.1, is present and he has palced a photocopy of his I.D. No.340‑85‑471190.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court, Lahore, dated 17‑1‑2002 passed in Criminal Appeal No. 939 of 2002). (a) Penal Code (XLV of 1860)‑‑‑ ‑‑‑‑Ss. 324, 337‑A(iii), 337‑F(ii), 337‑H(iii) & 338‑E‑‑‑Criminal Procedure Code (V of 1898), S.345‑‑‑Compounding of offence‑‑‑Identification of injured person‑‑‑Accused persons were convicted and sentenced for causing injury to the prosecution witness‑‑‑Injured witness was present before Supreme Court at the time of hearing of the petition for leave to appeal who placed on record of Supreme Court, a copy of his identity card‑‑‑Counsel who conducted the case before Trial Court had identified the injured and also placed on record copy of his identity card issued by Punjab Bar Council‑‑ Injured prosecution witness had compounded the offence and pardoned the accused persons in the name of God‑‑‑Effect‑‑‑Supreme Court was satisfied that the injured had compounded the offence with his own free‑will‑‑‑Petition for leave to appeal was converted into appeal and accused persons were acquitted. (b) Penal Code (XLV of 1860)‑‑‑ ‑‑‑‑S. 379‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Sentence, reduction of ‑‑‑Compromise between the parties‑‑‑Complainant personally appeared before Supreme Court and placed on record photo copy of his identity card‑‑‑Accused persons were convicted under S.379, P.P.C. and were sentenced to 3 years' imprisonment and had undergone some period of sentence‑‑‑Effect‑‑‑Conviction of the accused persons under S.379, P.P.C. did not suffer from any legal infirmity but the Supreme Court found the case one fit for reduction of sentence‑‑‑Petition for leave to appeal was converted into appeal and the sentence was reduced to already undergone by the accused persons. Waheed Anwar, Advocate Supreme Court for the State (on Court's call).
Judgment & Decree
MUNIR A. SHEIKH, J.‑‑‑The petitioners have been convicted under sections 324, 337‑A(iii), 337‑F(iii) and 337‑H(iii), P.P.C., for causing injury to Muhammad Iqbal, P.W.2. Muhammad Iqbal P.W.2, is present in person who was identified by Rai Zahoor Hussain, Advocate, as he had conducted their case before the trial Court. Muhammad Iqbal has placed on record photo-copy of his I.D. No. 340‑46‑323275. Rai Zahoor Hussain, Advocate, who identified him has also placed photostat copy of his I. D. No. 1689‑384/C/Okara, issued by the Punjab Bar Council. Muhammad Iqbal says that he has compounded the offence and pardoned the petitioners in the name of Almighty Allah, who may be acquitted for offence under sections 324, 337‑A(iii), 337‑F(iii) and 337‑H(iii), P.P.C.
2. We have satisfied ourselves that injured Muhammad Iqbal has compounded the said offence with his own free‑will therefore, this petition to this extent is hereby converted into appeal and the same is accepted conviction recorded against the petitioners for the said offence is hereby set aside and they are acquitted of the said charges. They shall be releaser forthwith, provided, they are not required in any other case.
3. We have heard learned counsel for the petitioners, as regards conviction and sentence of the petitioners under section 379, P.P.C., we have called State Counsel in response whereof Mr. Waheed Anwar, Advocate Supreme Court has appeared and has been heard. The petitioners were convicted under section 379, P.P.C. on the allegation that while causing injury to Muhammad Iqbal, they had also taken away .12 bore gun of the complainant. Both the petitioners have been sentenced to 3 years' R.I. with a fine of Rs.5,000 each, in default whereof to undergo 6 months' R.I. each. The said gun was recovered from Abdul Jabbar, petitioner No.2. The complainant Muhammad Saleem who appeared as P.W.1, is present and he has palced a photocopy of his I.D. No.340‑85‑471190.
4. When questioned, learned counsel for the petitioners, submitted that Muhammad Hanif remained in Jail for about 4‑1/2 months before their surrender after judgment of the High Court whereas Abdul Jabbar also remained in Jail for a period of one year and one month. After going through the evidence produced by the prosecution on record, we are satisfied that conviction of the petitioners under section 379, P.P.C. does not suffer from any legal infirmity but we find that it is a fit case for reduction of the sentence.
5. We convert this petition into appeal as regards conviction under section 379, P.P.C. of the petitioners. The said conviction is maintained but the sentence is reduced to the period already undergone by the appellants. They shall be released forthwith unless they are required in any other case. Q.M.H./M.A.K./M‑407/S Order accordingly.