2002 PLP 1885 (SCMR)
YOUSAF ALI and others‑‑‑Petitioners Versus THE STATE‑‑‑Respondent
| Citation | 2002 PLP 1885 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Munir A. Sheikh, Khalil‑ur‑Rehman Ramday and Faqir Muhammad Khokhar, JJ |
| Parties | YOUSAF ALI and others‑‑‑Petitioners Versus THE STATE‑‑‑Respondent |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 2002 PLP 1885 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 1885 (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 1885 (SCMR) (YOUSAF ALI and others‑‑‑Petitioners Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sardar M. Latif Khosa, Advocate Supreme Court for Petitioners.
- Complainant M. Ramzan, injured, M. Tariq Identified by Rashid Akhtar Khan, Advocate District Bar Muzaffargarh for Respondent.
- Date of hearing: 5th April, 2002.
- MUNIR A. SHEIKH, J.‑‑‑Petitioner Muhammad Tariq son of Kutab Ali and Muhammad Ramzan complainant who have been identified by Rashid Akhtar, Advocate are present in person.
Headnotes / Summary
(On appeal from the judgment dated 22‑11‑2001 of the Lahore High Court, Multan Bench, Multan passed in Criminal Appeal No. 195 of 1992). ‑‑‑‑Ss.326, 452, 148 & 338‑E‑‑‑Criminal Procedure Code (V of 1898), S.345‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Reduction in sentence‑‑‑ Compounding of offence‑‑‑ Accused was convicted under Ss.326, 452 & 148, P.P.C.‑‑‑Complainant/injured person compounded the offence tinder S.326, P.P.C.‑‑‑Offences under Ss.452/148, P.P.C. were non- compoundable offences‑‑‑ Effect‑‑‑Findings of the Courts below regarding conviction under Ss.452/148, P.P.C., were based upon correct, elaborated and careful examination of the record and the same did not suffer from any illegality on account of misreading and non‑reading of any material piece of evidence‑‑‑Where the complainant had compounded the offence under S.326, P.P.C., the case was fit for reduction of sentence of the accused under Ss.452/148, P.P.C.‑‑‑Supreme Court converted the petition for leave to appeal into appeal, sentence and conviction awarded under S.326, P.P.C. were set aside while that under Ss.452/ 148, P.P.C. were reduced to periods already undergone‑‑‑Appeal was allowed accordingly.
Judgment & Decree
MUNIR A. SHEIKH, J.‑‑‑Petitioner Muhammad Tariq son of Kutab Ali and Muhammad Ramzan complainant who have been identified by Rashid Akhtar, Advocate are present in person.
2. Muhammad Tariq injured has compounded the offence under section 326, P.P.C. He has confirmed that he has pardoned the petitioners in the name of Almighty God and has no objection if their conviction and sentence under section 326, P.P.C. recorded by the Courts below is set aside and they are acquitted.
3. We have heard learned counsel for the petitioners on the question of legality of conviction recorded against the petitioners under sections 452/148, P.P.C. and find that the findings of the Courts below are based on correct, elaborate and careful examination of the record and do not suffer from any illegality on account of misreading and non‑reading of any material piece of evidence.
4. The complainant has already compounded the offence under section 326, P.P.C. We while considering the material available on the record alongwith the attending circumstance find that it is a fit case for reduction of sentence of the petitioners under sections 452/148, P.P.C.
5. For the foregoing reasons, this petition is converted into appeal and partly accepted in that conviction and sentence recorded and awarded by the Courts below to the appellants under section 326, P.P.C. having been I compounded is set aside and they are acquitted of the said charge.
6. The appellants's conviction under sections 452/148, P.P.C. is upheld but their sentence is reduced to periods already undergone. They shall' be released forthwith unless are required in some other case. Q.M.H./M.A.K./Y‑9/S Order accordingly.