THE STATE ABDUR RAHMAN AND 3 Others vs ABDUR RAHMAN AND 3 OTHERS
This matter concerns a petition for leave to appeal filed by the State against a judgment of the High Court, which had modified the convictions of four respondents from murder under Section 302 of the Pakistan Penal Code 1860 to culpable homicide not amounting to murder under Section 304, Part II, of the Pakistan Penal Code 1860. The respondents were originally sentenced to death by the Sessions Judge for the murder of Muhammad Shafi, but the High Court reduced the conviction, reasoning that the respondents only possessed the knowledge that their actions were likely to cause death, rather than the intention to cause death. The State challenged this, arguing that the nature and extent of the injuries—specifically those on vital parts and the severity of the beating—warranted a conviction for murder under Section 302. The Supreme Court granted leave to appeal to consider whether the respondents' actions satisfied the requirements of clauses 2ndly and 3rdly of Section 300 of the Pakistan Penal Code 1860, thereby constituting murder. Non-bailable warrants were issued for the respondents' arrest.
- Does the infliction of multiple injuries on vital parts of a deceased, sufficient in the ordinary course of nature to cause death, satisfy the requirements of clauses 2ndly and 3rdly of Section 300 of the Pakistan Penal Code 1860?
- Can a conviction for culpable homicide not amounting to murder be sustained when the injuries inflicted are sufficient in the ordinary course of nature to cause death?
- Section 300, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 304, Part II, Pakistan Penal Code 1860
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 II, 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 injures 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. The injuries found on the person of the deceased disclose long and sustained beating which inter alia resulted in fracture of the 10th and 11 rib and injury to pleurae and left lung. It, there--fore, requires consideration whether the offence committed by the respondents does not attract clauses 2ndly and 3rdly of section 300, P. P. C.
3. Leave to appeal is granted. Non-bailable warrants for the arrest of the respondents to issue. th