1989 P Cr (PLP)
ALI NAWAZ — ‑Appellant Versus THE STATE‑‑Respondent
| Citation | 1989 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Munir Khan and Khalid Paul, JJ |
| Parties | ALI NAWAZ — ‑Appellant Versus THE STATE‑‑Respondent |
| Primary Law | Penal Code (XLV of 1860)‑‑ |
Q1: What are the key laws and sections cited in 1989 P Cr (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Muhammad Munir Khan and Khalid Paul, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 P Cr (PLP) (ALI NAWAZ — ‑Appellant Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Akbar for Appellant.
- Date of hearing: 28th February, 1989.
Headnotes / Summary
‑‑‑S. 397/391‑‑Accused was acquitted of charges under Ss.396 & 302/307, Penal Code and convicted under S.397/391, Penal Code, for conjointly committing robbery and for using deadly weapons at time of committing robbery and was sentenced to seven years' rigorous imprisonment‑‑Held, since S.391, Penal Code, simply defines dacoity, and S.397, Penal Code was an enabling provision which provides that if at time of committing robbery, offender used any deadly weapon, imprisonment with which he could be punished would not be less than seven years‑‑Accused as such could not have been punished under S.397/391, Penal Code, more particularly when he had been acquitted of charges under S.396/302, 307/34 Penal Code‑‑Conviction and sentence set aside in circumstances. AA.‑G. for the State.
Judgment & Decree
MUHAMMAD MUNIR KHAN, J.‑‑ This criminal appeal arises from the judgment of learned Judge; Punjab Special Court for Speedy Trials No. VI, Bahawalpur, whereby he on 27‑9‑1988, while acquitting him of the charges under section 396/302/307/34, P.P.C. convicted Ali Nawaz appellant under section 397/391, P.P.C. for conjointly committing robbery and for using deadly weapons at the time of committing robbery and sentenced him to 7 years' R.I. and a fine of Rs.10,000 in default thereof 3 years' R.I. with the direction that the fine if recovered be paid to Manzoor Ahmad and Piran Ditta P.Ws. in equal shares.
2. Since after hearing the learned counsel for the parties we feel inclined to set aside the conviction and sentence of the appellant on legal point, so, we need not set out the facts in detail and enter into the merits of the case. We find that section 391, P.P.C. simply defines dacoity and section 397, P.P.C. is only an enabling provision, which says that if at the time of committing robbery, the offender uses any deadly weapon, the imprisonment with which he is punished shall not be less than 7 years and as such, the appellant could not have been punished under section 397/391, P.P.C., more particularly, when he had been acquitted of the charges under section 396/302/307/34, P.P.C. For what has been said above, the appeal is accepted. The conviction and sentence of the appellant is set aside. He shall be released forthwith, if not required to be detained in any other case. M.Y.H./A‑578/L Appeal allowed.