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1996 P Cr. L J 740

GHULAM SHABBIR vs THE STATE

Citation1996 P Cr. L J 740
CourtLahore High Court
Case No.Criminal Miscellaneous No,1 of 1995 in Criminal Appeal No,57 df 1995
Date1995-10-15
Judge(s)Muhammad Asif Jan, Rana Muhammad Arshad Khan
ResultPetition dismissed

ORDER

' MUHAMMAD ASIF JAN, J.--- Suspension of sentence is sought on the ground that the case against the appellant/petitioner is a matter of further enquiry within the meaning of subsection (2) of section 497, Cr.P.C.

2. The argument is totally erroneous because the very concept of further enquiry within the meaning of subsection (2) of section 497, Cr.P,C. Is related to the existence or non-existence of reasonable grounds to believe that an accused is guilty of an offence punishable with death or imprisonment for life or imprisonment for 10 years which pertains to the period prior to the trial and continues even during the trial. However, once the trial is concluded and an accused person is convicted and sentenced to death or imprisonment for life or imprisonment for 10 years then it cannot by any standard be said that it is still a matter of further enquiry and that reasonable grounds to believe that an accused is guilty of an offence punishable with death or imprisonment for life or imprisonment for 10 years, do not exist.

3. After conviction another scenario emerges which is not covered by section 497, Cr.P.C. But is covered by section 426, Cr.P.C. Ghulam Shabbir son of Khadim Hussain appellant/ petitioner inflicted hatchet blows on the head of the deceased, the hatchet (Exh.P.9) was recovered vide memorandum Exh.P.N., it was found to be stained with blood by the Chemical Examiner vide report Exh.P.Y. And according to the Serologist's report Exh.P.BB the blood in question was of human origin.

4. There is no merit in this petition which is dismissed.

Cited by 1 case

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