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ASHIQ HUSSAIN versus THE STATE


Criminal Code of Conduct (CRPC) Section 412 During the trial, the accused accused of making a charge under Section 307, PPC, on any appeal, against a felony, in lieu, the legality of the sentence Unanswered sentence, excessive appeal dismissed

1969 P Cr. L J 134

[Lahore]

Before M. Jamil Asghar, J

ASHIQ HUSSAIN‑Convict‑Appellant

Versus

THE STATE‑Respondent

Criminal Appeal No. 61 of 1966, decided on 24th October 1968.

Criminal Procedure Code (V of 1898)-------

S. 412‑Accused pleading guilty to charge under S. 307, P. P. C. at trial‑No appeal, held, lies against conviction, in circumstances of case‑Legality of sentence not questioned‑Sentence awarded not found to be excessive‑Appeal dismissed.

Mufti Nazar Muhammad for the State.

JUDGMENT

Ashiq Hussain appellant was convicted under section 307, P. P. C. and sentenced to seven years' rigorous imprisonment by a Magistrate with Section 30 powers, Multan. The appellant, against his conviction and sentence, has preferred this appeal.

2. Since the appellant pleaded guilty no appeal lies except as to the extent or legality of the sentence. Its illegality is no in question and under these circumstances the sentence awarded is not all at excessive. The appeal is, accordingly, dismissed.

Appeal dismissed.

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