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MUHAMMAD ASLAM versus THE STATE


Pakistan Penal Code Sections 147 and 323/149 imprisonment, reduction in applicants sentence and 6 months imprisonment. On the two counts under RI Sections 147, PPC and 323/149, the incoming PPC revision request was delayed by more than 10 years. Already imprisoned by requests, in the circumstances

1982 P Cr, L J 500

[Lahore]

Before Gulbaz Khan, J

MUHAMMAD ASLAM AND 5 OTHERS-Petitioners versus

THE STATE-Respondent

Criminal Revision No. 1231 of 1969, decided on 22nd September, 1980,

Penal Code (XLV of 1860)---

-- Ss. 147 & 323/149-Sentence, reduction in-Petitioners convicted and sentenced to 6 months' R. I. on two counts under S. 147, P. P. C. and 323/149, P. P. C.---Revision petition coming up with inordinate delay of over 10 years-Sentence reduced to imprison ment already undergone by petitioners, in circumstances.

Q. M. Saleem for Petitioners.

Date of hearing: 22nd September, 1980.

JUDGMENT

The six petitioners were convicted by Magistrate First Class, Sargodha, on 18th April, 1969 for offences under sections 147, P. P. C. and 323/ 149, P. P. C. For the both offences, the petitioners were sentenced to undergo rigorous imprisonment for six months each on each of the two counts. The sentences were ordered to run concurrently. The petitioners filed an appeal but the same was dismissed by learned Additional Sessions Judge, Sargodha, on 31st October, 1969. The petitioners had constituted an unlawful assembly and in the prosecution of tire common object of that unlawful assembly committed rioting and voluntarily caused hurts to Amanullah Khan and his wife Mst. Rani Perveen. Both the injured witnesses supported the prosecution case. Their statements were corroborated by the medical evidence. Sohna and Muhammad Boota (P. Ws.) had lent support to the prosecution case. The case was proved against the petitioners and they were rightly convicted. The petitioners have no case on merits. The sentence of the petitioners, however, requires reduction on account of inordinate delay t in the disposal of the case. The sentence of the petitioners is reduced to already undergone. With this modification in sentence, the revision petition is dismissed.

Order accordingly.

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