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2004 SCMR 1153

KHALID HUSSAIN vs ABDUL RAZZAQ and others

Citation2004 SCMR 1153
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Leave to Appeal No, 83-L of 2003
Date2003-03-18
Judge(s)Khalil-ur-Rehman Ramday, Tanvir Ahmed Khan
ResultLeave refused

ORDER

' TANVIR AHMAD KHAN, J.---Leave to appeal is sought against the order, dated 15-1-2003 whereby a learned Division Bench of the Lahore High Court, Multan Bench, Multan, suspended the sentence of respondent No,1 Abdul Razzaq recorded by the learned Additional Sessions Judge, Burewala, in a case emanated out of F.I.R. No, 76 of 2002 registered on 17-2-2002 at Police Station, City Burewala, District Vehari under sections 302/337-A(ii)/34, P.P.C.

2. It is reflected from the judgment of the learned Additional Sessions Judge that challan was submitted against Ghulam Muhammad and his two sons Muhammad Iqbal and Abdul Razzaq in the aforesaid case. The learned trial Judge through his judgment, dated 28-11-2002 acquitted Ghulam Muhammad from the charge under sections 302/34, P.P.C. And convicted him under section 337-A(iii), P.P.C. For causing hurt to P.W. Abdul Ghafoor and sentenced him to five years' R.I.

With compensation of Rs,10,000 to the injured. Muhammad Iqbal and Abdul Razzaq were convicted under section 302(b), P.P.C. The former was sentenced to death while the latter was sentenced to imprisonment for life. A learned Division Bench of the High Court through the impugned order, dated 15-1-2003 suspended the sentence of Abdul Razzaq on the ground that he neither caused any injury to the deceased nor to any P.W. Further he himself received two serious injuries with a sharp-edged weapon which had not been explained by the prosecution.

3. Learned counsel for the petitioner has failed to point out any illegality or legal infirmity in the exercise of discretion exercised by the learned Division Bench of the High Court. The instant petition is accordingly dismissed and .

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