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1987 SCMR 1472

MUHAMMAD RAFIQ vs The STATE

Citation1987 SCMR 1472
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Special Leave to Appeal No. 194 of 1985 Criminal
Date1987-06-09
Judge(s)Aslam Riaz Hussain, Saad Saood Jan
ResultLeave refused

ORDER

ASLAM RIAZ HUSSAIN, J.--The petitioner seeks leave to appeal against the judgment of the High Court dated 4-2-1985.

He was tried alongwith some others for the murder of Muhammad Sadiq. The trial court convicted him under section 302, P.P.C. And sentenced him, inter alia, to death. On appeal the High Court altered his conviction from 302 , P . P . C . To 304-I , P . P . C . And reduced his sentence from death to imprisonment for life.

2. Muhammad Rafiq petitioner is still not satisfied and wants reduction in his sentence. The part attributed to him is that he gave a Drant blow on the neck of the deceased whereby the deceased's neck was almost severed. Learned counsel for the petitioner urged that since this injury was caused by Muhammad Rafiq during a sudden fight, therefore, he is entitled to lesser sentence.

3. Considering the nature of the weapon used by the petitioner as well as the location and the extent of the injury on the person of the deceased the High Court was justified in awarding him sentence of life imprisonment but he was also given the benefit of Section 382-B, Cr.P.C. No case for reduction in his sentence is made out. Leave is consequently refused. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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