THE STATE ABDUR RAHMAN AND 3 Others vs ABDUR RAHMAN AND 3 Other THE STATE
This matter arises from a petition for leave to appeal filed by the State against the judgment of the High Court, whereby the respondents' convictions under section 302 of the Pakistan Penal Code for the murder of Muhammad Shafi were altered to section 304, Part II of the Pakistan Penal Code, reducing their sentences to eight years' rigorous imprisonment. The respondents had been originally sentenced to death by the Sessions Judge, Lyallpur, after being found guilty of causing a large number of injuries resulting in death. The core legal question is whether the respondents' acts, involving numerous injuries including one sufficient in the ordinary course of nature to cause death, attract clauses 2ndly and 3rdly of section 300 of the Pakistan Penal Code rather than culpable homicide not amounting to murder. The Supreme Court held that the nature and multiplicity of the injuries, particularly the fracture of ribs and damage to vital organs, require deeper examination regarding the applicability of murder provisions. Consequently, the Supreme Court granted leave to appeal and ordered the issuance of non-bailable warrants for the arrest of the respondents.
- Whether the High Court was justified in converting the conviction from murder to culpable homicide not amounting to murder given the multiplicity of injuries?
- Do multiple injuries inflicted on vital parts of a deceased attract clauses 2ndly and 3rdly of section 300 of the Pakistan Penal Code?
- Section 302, Pakistan Penal Code
- Section 304, Pakistan Penal Code
- Section 300, Pakistan Penal Code
ORDER
1. MUHAMMAD YAQUB ALI, J.-The four respondents were found guilty of the murder of one Muhammad Shafi and sentenced each by the Sessions Judge, Lyallpur, to death. On appeal and reference the learned Judges in the High Court affirmed the finding that the respondents were responsible for causing a large number of injuries to Muhammad Shafi which resulted in his death, but in the view that they could only be credited with the knowledge that the injuries caused by them were likely to cause death converted their convictions to section 304, Part 11, P. P. C. And awarded them sentence of 8 years' rigorous imprisonment each.
2. The State has applied for leave to appeal on the ground that in view of the large number of injuries of which some were inflicted on vital parts of the deceased and were grievous in nature more particularly injury No. 11 which was sufficient in ordinary course to cause death, the offence committed by the respondents fell under section 302, P. P. C.
3. The injuries found on the person of the deceased disclose long and sustained beating which inter alia resulted in fracture or the 10th and 11 rib and injury to pleura and left lung. It, there fore, require consideration whether the 'offence committed by the respondents does not attract clauses 2ndly and 3rdly of section 300, P. P. C. Leave to appeal is granted. Non-bailable ' warrants for the arrest of the respondents to issue.th