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1992 MLD 743

ABID ALI and anothers vs THE STATE

Citation1992 MLD 743
CourtLahore High Court
Case No.Criminal Miscellaneous No,949-M of 1991 (in Criminal Appeal No, 472 of
Judge(s)Rashid Aziz Khan, Muhammad Munir Khan
ResultOrder accordingly

' MUHAMMAD MUNIR KHAN, J.---Through this petition under section 561-A, Cr.P.C. Abid Ali and Mian Hanlon petitioners have invoked the inherent jurisdiction of this Court for the correction of accidental omission in the judgment dated 28-4-1991 of this Court passed in Cr.A. No, 472 of 1988.

2. Learned counsel for the petitioners submitted that this Court had announced in the open Court that the appeal was dismissed but the sentence of death awarded to the petitioners was altered to life imprisonment on both counts. However, when the certified copy of the judgment was obtained, it revealed that the appeal was dismissed in toto and there was no mention about the alteration of the death sentence to imprisonment for life. He has produced affidavits of the counsel appearing for the petitioner, Kh. Muhammad Sharif, the learned counsel for the complainant and Mr.Muhammad Iqbal Khhichi, the learned Assistant Advocate-General both have supported this petition.

3. The Note Book of one of us (Justice Muhammad Munir Khan) shows that the appeal was dismissed but the sentence of death of the petitioners was altered to imprisonment for life on two counts. It appears that due to accidental omission, it could not be dictated that the sentence of death was altered to imprisonment for life.. This being the position, the last para. Of the judgment (Wed 28-4-1991 passed in Cr.A.No,472 of 1988 and 530 of 1988 will be read as follows:- "Pursuant to the above discussion the appeal filed by Abid Ali alias Babu and Haroon alias Guddoo against their conviction and sentence and Criminal State Appeal against the acquittal of Hameed, Shamasud-Din and Rived are dismissed but the sentence of death awarded to Abid Ali alias Babu and Haroon alias Guddoo appellant is altered to imprisonment for life on two counts. However, the sentence of fine and compensation and imprisonment in default thereof awarded by the trial Court are maintained."

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