Malik MURID HUSSAIN vs THE STATE
This criminal miscellaneous petition was filed under Section 561-A of the Code of Criminal Procedure 1898, seeking enhancement of a sentence imposed on the respondent for an offence under Section 324 of the Pakistan Penal Code 1860. The respondent had been convicted by a Magistrate Section 30 and sentenced to three years rigorous imprisonment for firing at the complainant. The core legal question was whether the sentence could be enhanced, particularly considering the respondent's confession and the nature of the injury sustained by the complainant, which had not been fully addressed by the trial court. The Court held that the respondent's confession before the trial court rendered the non-production of the medical officer irrelevant. Upon reviewing the medico-legal report, the Court found the injury to be 'Ghayr-Jaifah Munaqqilah', punishable under Section 337-F(vi) of the Pakistan Penal Code 1860. Consequently, the Court enhanced the sentence under Section 324 to five years rigorous imprisonment and imposed an additional sentence of five years rigorous imprisonment with Daman for the injury under Section 337-F(vi), ordering the sentences to run concurrently.
- Does a judicial confession before the trial court dispense with the necessity of producing a medical officer to prove the nature of an injury?
- Can the High Court enhance a sentence under its inherent powers when the trial court failed to adequately punish the accused for the specific injury caused?
- Is a sentence for an injury classified as 'Ghayr-Jaifah Munaqqilah' punishable under Section 337-F(vi) of the Pakistan Penal Code 1860?
- Section 561-A, Code of Criminal Procedure 1898
- Section 324, Pakistan Penal Code 1860
- Section 337-F(vi), Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
' This judgment will dispose of Criminal Miscellaneous No.838/M of 2004 filed under section 561-A, Cr.P.C. By Malik Murid Hussain against the order dated 11-7-2003 passed by learned Magistrate Section 30, Sialkot and order dated 21-1-2001 passed in revision petition by learned Addl. Sessions Judge, Sialkot, whereby, learned Magistrate Section 30, Sialkot had convicted Azhar Hussain respondent under section 324, P.P.C. And sentenced to three years R.I. Along with fine of Rs.20,000 or in default six months S.I. He was also directed to pay Rs.10,000 to the injured as compensation, thereafter, revision petition was filed by the present petitioner for the enhancement of sentence before the learned Addl: Sessions Judge, Sialkot, who vide his order dated 21-1-2004 dismissed the revision petition, hence this case.
2. Allegation against the present respondent was that on 5/6-10-2000 at 12-00 p.m. In night he came at the shop of the complainant and fired on the complainant with deadly weapon but fortunately, the complainant saved. After this occurrence, case was lodged against the respondent-accused.
3. It may be noted here, that after having heard learned counsel for the petitioner and going through the record not only a notice for the enhancement of sentence under section 324, P.P.C. But also a show-cause notice to the effect that why he should not be convicted and sentenced for the injury, which the petitioner received during the occurrence, be also issued to the respondent- accused.
4. Learned counsel for the respondent in support of this petition submits that the doctor, who medically examined the petitioner had not appeared before the learned trial Court, so no conviction for causing the injury can be awarded to the respondent, that injured himself appeared before the learned trial Court and did not depose about the nature of injury caused to him, that conviction against the respondent was recorded on the basis of confession and the same was upheld by learned lower Appellate Court and he seeks benevolence from this Court.
5. I have heard learned counsel for the parties. In continuation of my order dated 5-11-2004, I may state here, that objection of learned counsel for the respondent that doctor was not produced, has no legs to stand because after the statement of injured P.W., respondent made confession before the learned trial Court and confessed his guilt, so there was no need of producing that doctor.
Respondent never challenged his conviction before this Court or before the learned Addl: Sessions Judge on the ground that confession has been obtained by the learned trial Court through coercion, pressure or by any deceitful means. The injured had stated before the learned trial Court that due to the injury caused by the respondent he was not in a position to walk. Medico-legal report of the injured is on record and I have gone through the same.
Respondent while armed with fire-arm caused an injury on the right thigh of injured-petitioner, which created an exit wound also, it was a fire-arm injury and according to general condition, he was in serious shock, B.P. Was not recordable and pulse was 100. According to expert opinion, the injury was declared as "Ghayr-Jaifah Munaqqilah", which is punishable under section 337-F(vi), P.P.C.
6. After having heard learned counsel for the parties, I enhance the sentence of the respondent under section 324, P.P.C. From three years' R.I. To five years' R.I. As far as, compensation and fine is concerned, that's set aside. As far as, injury i.e. "Ghayr-Jaifah Munaqqilah", which is punishable under section 337-F(vi), P.P.C. Is concerned, the maximum sentence is seven years but he is awarded five years R.I. With a Daman amounting to Rs.30,000. In case of non-payment of Daman, it shall be recovered from the convict-respondent and until Daman is paid in full to the extent of his liability, the convict-respondent may be kept in jail and dealt with in the same manner, as if sentenced to simple imprisonment or may be released on bail if he furnished security equal to the amount of Daman to the satisfaction of the Court. However, both the sentences are ordered to run concurrently with the benefit of section 382-8, Cr.P.C. With these observations, this criminal Miscellaneous petition stands disposed of.
Sentence enhanced.