Sultanat Khan vs State and complainant
This criminal appeal challenges the conviction and sentence awarded by the Sessions Judge/Zilla Qazi, Shangla, in a case involving murder and attempted murder. The appellant was originally convicted under Section 302(b) of the Pakistan Penal Code 1860, among other charges, and sentenced to death. The core legal question before the Peshawar High Court was whether the conviction under Section 302(b) was sustainable given the evidence or if the circumstances warranted a modification of the conviction and sentence. Upon review, the Court partially allowed the appeal, modifying the conviction from Section 302(b) to Section 302(c) of the Pakistan Penal Code 1860, thereby reducing the sentence from death to fourteen years of rigorous imprisonment. The Court maintained the convictions and sentences under Sections 324 and 337-F(iii) of the Pakistan Penal Code 1860 and Section 13 of the Arms Ordinance 1965 (implied by 13 A.O). The Court ordered the sentences to run concurrently and extended the benefit of Section 382-B of the Code of Criminal Procedure 1898 to the appellant, emphasizing the discretionary power of the Court in sentencing matters.
- Can an appellate court convert a conviction from Section 302(b) to Section 302(c) of the Pakistan Penal Code 1860?
- Does the court have the discretion to order sentences for separate offences to run concurrently under the Code of Criminal Procedure 1898?
- Is a convict entitled to the benefit of Section 382-B of the Code of Criminal Procedure 1898 upon the modification of a sentence?
- Section 302(b), Pakistan Penal Code 1860
- Section 302(c), Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 337-F(iii), Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
- Section 382-B, Code of Criminal Procedure 1898
- Section 397, Code of Criminal Procedure 1898
- Section 13, Arms Ordinance 1965
1. ISHTIAQ IBRAHIM, J.- For reasons to be recorded later on in the detailed judgment, this appeal is partially allowed, the impugned judgment dated 12.11.2016 rendered by the learned Sessions Judge/Zilla Qazi, Shangla Camp Court at Swat, in case F.I.R No. 424 dated 20.10.2014 under Sections 302/324 PPC registered at Police Station Bisham, District Shangla, is modified and consequently conviction of the appellant Sultanat Khan son of Abdul Sattar is converted from 302 (b) PPC to 302 (c) PPC and his sentence is reduced from death to 14 (fourteen) years rigorous imprisonment. The compensation of Rs.200,000/- imposed upon the appellant under Section 544-A, Cr.P.C as well as his conviction and sentences of imprisonment and fine under sections 324 & 337-F(iii) P.P.C shall remain intact. All the sentences shall run concurrently . Benefit of Section 382-B, Cr.P.C is extended to the appellant. Murder Reference No.08-M/2016 is answered in Negative. The connected JCr.A No. 234-M/2016 is dismissed, conviction of the appellant under Section 13 A.0 in case F.I.R No. 425 dated 20.10.2014 of Police Station Bisham is maintained, however , by means of discretion contained in Section 397, Cr.P.C, the sentence awarded to the appellant for the said offence shall run concurrently alongwith the sentences under Sections 302/324/337-F(iii) P .P.C with benefit of Section 382-B, Cr .P.C.