Bakht Munir vs The State and another

ORDER

MANZOOR AHMAD MALIK, J.---After a regular trial, the appellant was convicted by the trial court under section 302(b), P.P.C. and sentenced to death on two counts, besides being convicted under section 324, P.P.C. and sentenced to 05 years' RI on four counts. He was further convicted under section 337-F(ii), P.P.C. and sentenced to one year's RI on two counts with direction to pay Daman of Rs. 50,000/-to each injured. He was also directed to pay compensation(s) to legal heirs of deceased as well as injured PWs and in default to undergo simple imprisonment(s), as is reflected from the impugned judgment, Benefit of section 382-B, Code of Criminal Procedure was extended to him. The sentences of imprisonment were ordered to run concurrently . After dismissal of his appeal by the learned appellate court, the appellant filed a criminal petition, wherein leave was granted by this Court on 28.09.2017. Hence, the instant criminal appeal.

2. At the very outset, learned counsel for the appellant states that appellant does not want to press his conviction and only prays for reduction in the quant um of his sentence as in the circumstanc es of the case, the sentence of death is rather harsh.

3. After hearing the learned counsel for the appellant and learned Additional Advocate General, KPK, it has been observed by us that notwithstanding the fact that prosecution has proved its case against the appellant beyond reasonable doubt and the findings of guilt rendered by the learned courts below against the appellant are not open to exception, there are circumstances in this case which go in favour of prayer made by the appellant qua reduction in the quantum of his sentence from death to imprisonment for life. In the FIR itself, it is the case of the complainant that the occurrence in issue had taken place on account of a trivial verbal altercation between the parties. In his examination in chief as well, the complainant Ali Rehman (PW5) reiterated the same. In his cross-examination he explained the cause of occurrence as under:- ".The verbal altercation took place betwee n me and the accused facing trial at the time of incident. The altercation took place over a small bridge...."

4. It is crystal clear that there was no previous enmity between the parties. The circumstances of the case unequivocally suggest that the occurrence had taken place at the spur of the moment without any premeditation on the part of the appellant.

5. For the foregoing, the instant criminal appeal is partly allowed. The conviction of the appellant under section 302(b), P.P.C. is upheld and the sentence of death of appellant on two counts is converted into imprisonment for life on two counts. The convictions and sentences of appellant on other penal heads are maintained. The amounts of compensation and sentences in default thereof are also not disturbed. Benefit of section 382-B, Code of Criminal Procedure is extended to the appellant. All his sentences of imprisonment shall run concurrently .