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REHMAT ALI vs State Ss — 2022 YLR 611 FEDERAL-SHARIAT-COURT

Case information

Citation
2022 YLR 611 FEDERAL-SHARIAT-COURT
Court
Federal Shariat Court
Year
2022
Reporter
YLR
Parties
REHMAT ALI vs State Ss
Subject matter
Criminal
Provisions referred to
S. 17---Q; S. 544; S. 544-

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

REHMAT ALI VS State Ss. 302, 109 & 34---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17---Qatl-i-amd, abetment, common intention, haraabah---appreciation of evidence---Quantum of punishment---Scope---accused were charged for snatching mobile phones, gold ornaments and cash from the house of the complainant, on resistance, one of the accused fired with pistol, which hit the brother of complainant who died---Trial Court while awarding sentence under S.544(a), Cr.P.C., in case of default of payment of compensation, had exceeded its jurisdiction by awarding two years imprisonment, whereas the maximum period provided under S.544-a(2), Cr.P.C. is six months---While maintaining the conviction and sentence, modified the part of sentence i.e. two years' awarded to the accused to that of six months in case of non-realization of compensation amount---Conviction and sentence awarded to the accused by the trial court through impugned judgment, with said modification, was maintained---appeal was dismissed with said modification.

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