| Case ID |
208ddd5a-7517-4f1d-8f9a-389d22f26f8b |
| Body |
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| Case Number |
Criminal Appeal No. 210 of 1978 |
| Decision Date |
Apr 04, 1984 |
| Hearing Date |
Apr 04, 1984 |
| Decision |
The Supreme Court of Pakistan allowed the appeal by setting aside the judgment of the High Court and restoring the trial court's decision. The court ruled that the conversion of the appellant's conviction from sections 304-A and 337 to 304 was inappropriate, especially after a significant delay of nearly twenty years. The court emphasized that the suo motu notice for enhancement of sentence did not provide grounds for altering the conviction itself. The appellant was ordered to serve the original sentence imposed by the trial court. |
| Summary |
In the landmark case of SALIMUDDIN vs. THE STATE, the Supreme Court of Pakistan addressed significant legal questions regarding the conversion of convictions under the Penal Code. The case stemmed from a tragic incident where the appellant, while driving a bus, caused the death of Jamshed Khan due to reckless driving. Initially convicted under sections 304-A and 337 of the Penal Code, the case saw multiple revisions and appeals over the years. The High Court's decision to enhance the sentence and convert the conviction to a more severe charge under section 304 was contested in this appeal. The Supreme Court ultimately restored the original conviction, highlighting procedural fairness and the importance of timely justice in legal proceedings. This case underscores critical issues in criminal law regarding negligence, the rights of the accused, and the balance of justice in the legal system. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL KADIR SHAIKH,
S. A. NUSRAT,
M. S. H. QURAISHI
|
| Lawyers |
Ch. Muhammad Hassan, Advocate Supreme Court,
Rao Muhammad Yousaf, Advocate Supreme Court
|
| Petitioners |
SALIMUDDIN
|
| Respondents |
THE STATE
|
| Citations |
1984 SLD 711,
1984 SCMR 943
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
Art. 185 (3),
304,
304-A,
337,
S. 439,
S. 438
|