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2003 SCMR 1708

GULFAM and 3 others vs THE STATE

Citation2003 SCMR 1708
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Leave to Appeal No,892-L of 2002
Date2003-01-07
Judge(s)Khalil-ur-Rehman Ramday, Tanvir Ahmed Khan
ResultLeave granted

ORDER

' TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment dated 1-10-2002 of a learned Division Bench of the Lahore High Court, Lahore, whereby the learned Judges set aside the .Earlier determination dated 5-12-1995 of the learned Additional Sessions Judge, Faisalabad, whereby petitioners were acquitted by giving them the benefit of doubt in a case emanated out of F.I.R. No,300 of 1993 registered on 22-11-1993 at Police Station Gulberg, Faisalabad, under sections 302/324/148/149, P.P.C. They were convicted and sentenced under sections 302(c)/34, P.P.C. To undergo 10 years' R.I. And to pay Rs,50,000 as compensation to the legal heirs of the deceased under section 544-A, Cr.P.C. Or in default to suffer six months' S.I. They were further convicted under section 324, P.P.C. For causing injuries to Ghulam Murtaza (P. W.10) and were sentenced to 7 years'

R.I. Under section 337-F(ii), P.P.C., the petitioners were convicted and sentenced to 3 years' R.I. And to pay 'Daman' amounting to Rs,10,000 each to said Ghulam Murtaza. All the sentences were ordered to run concurrently with the benefit of section 382-B, Cr.P.C.

2. Learned counsel for the petitioners has argued that the learned Judges of the High Court have, without appreciating the evidence brought on record in its true perspective, set aside the determination of the learned trial Judge who after appraising the entire evidence acquitted the petitioners.

3. After hearing the learned counsel, we are inclined to grant leave to appeal to appraise the entire evidence for the safe administration of criminal justice. Order accordingly.

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