KHAIR MUHAMMAD vs THE STATE and others
This matter arises from a criminal petition filed by the complainant seeking enhancement of sentences awarded to the respondents for murder and hurt. The trial court and the High Court both concluded that the incident resulted from a sudden flare-up and a free fight between the parties, rather than a premeditated assault, noting that one of the convicts had also sustained injuries during the occurrence. The core legal question was whether the concurrent findings of the lower courts regarding the nature of the occurrence justified a sentence enhancement. The Supreme Court held that the conclusions reached by the lower courts were neither arbitrary nor ill-founded, as supported by the medical evidence and the circumstances of the free fight. The court established the principle that where an occurrence stems from a sudden quarrel and free fight resulting in injuries to both sides, and the lower courts' appreciation of evidence is sound, appellate interference for enhancement of sentence is unwarranted. The petition was accordingly dismissed.
- Whether the Supreme Court will enhance a sentence where the lower courts have concurrently found the occurrence to be a result of a sudden free fight?
- Does sustaining injuries on the accused side support the conclusion of a sudden flare-up in a criminal case?
- Whether concurrent findings of fact by the trial court and High Court regarding the nature of an assault warrant appellate interference?
- Section 302(b), Pakistan Penal Code 1860
- Section 337-D, Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
ORDER
' KHALIL-UR-REHMAN RAMDAY, J.--- Allah Diwaya, Ali Gohar and three others were tried by a learned Additional Sessions Judge, at Rahimyar Khan for having caused the murder of one Abid Hussain and for having caused injuries on the persons of Kashif Hussain and Khandoo. Through his judgment, dated 23-5-1998 the said learned trial Judge found only Allah Diwaya and Ali Gohar guilty of participation in the crime in question and convicted them while the remaining three accused persons were acquitted by him.
' The learned trial Judge concluded that the occurrence in question was the result of a free fight on account of a sudden flare up between the parties and thus, found the two convicts liable only for their individual acts. Since Allah Diwaya was the one who was found to have caused the murder of Abid Hussain, therefore, he was convicted under section 302(b) of the P.P.C. And was directed to suffer imprisonment for life. He was also convicted for causing injuries to Khandoo P.W. 2 and was punished with 10 years' R.I. Under section 337-D of the P.P.C. With a direction to him to pay an amount of Rupees one lac to the said P.W. As Arsh. Ali Gohar was convicted only of causing a fire- arm injury on the person of Kashif Hussain P.W.3 and was consequently punished with five years' R.I.
With a further direction to him to pay an amount of Rs,50,000 to the said P.W. As Daman under section 337-F(v) of the P. P. C .
2. The said two convicts approached Bahawalpur Bench of the Lahore High Court through Crl.
Appeal No,82 of 1998 impugning the above-noticed conviction and punishments recorded against each one of them while Khair Muhammad complainant petitioned the same High Court through Cr1. Revision No,56 of 1998/(BWP.) praying for enhancement of the punishments awarded to Ali Gohar and Allah Diwaya convicts. A learned Division Bench of the Lahore High Court through its judgment, dated 4-2-2002 maintained the conviction and punishment recorded against Allah Diwaya under section 302(b), P.P.C. But set aside the punishment awarded to him under section 337-D of the Pakistan Penal Code. The conviction and punishment recorded against Ali Gohar under section 337-F(v), P.P.C. Was also maintained by the High Court. The convicts' appeal was disposed of in the above terms but the complainant's revision petition was dismissed.
3. Khair Muhammad complainant, through this petition, insists on enhancement of the above- noticed punishments awarded to Allah Diwaya and Ali Gohar respondents.
4. It is on record that in the occurrence in question even Allah Diwaya convict had received four injuries on his person out of which two were lacerated wounds on his head while the other two were contusions on the back of his chest. As a result of one of the head injuries the bone of his skull had also got exposed. It is also on record that hot words had been exchanged between the parties immediately before the actual quarrel had commenced. The fire-arm injury on the person of Abid deceased had been found by the doctor to have been caused from a rather close range which also supports the conclusions reached by the two learned Courts that the occurrence in question was not the result of any planned or premeditated assault on the victim party but was the result of a sudden flare up on the spot leading to a free fight in which three persons of the complainant side including Abid deceased had received injuries and in which transaction one of the convicts, namely, Allah Diwaya had also received injuries on his person. These reasons which had led the learned trial Court and the Honourable High Court in reaching the conclusions that they reached, could not be said to be arbitrary or ill-founded.
5. Having heard the learned counsel for the petitioner at some length and having perused the record, we do not find any reason justifying enhancement of the punishments recorded against the two convict-respondents.
6. This petition is, therefore, dismissed. .