AHMAD Versus STATE
This petition for leave to appeal arises out of a criminal proceeding in which the petitioners, Ahmad and Zulfiqar, along with others, were tried for the double murder of Wali and Hamid Khan. The trial court convicted the petitioners under section 302/149 of the Pakistan Penal Code 1860 and sentenced them to death. Upon appeal, the High Court altered their conviction to section 304-I of the Pakistan Penal Code 1860 and reduced their sentence to imprisonment for life. The petitioners subsequently approached the Supreme Court contending that the reduced sentence of imprisonment was still excessive. The Supreme Court considered the circumstances of the case, held that the petitioners had already been dealt with leniently by the High Court, and declined to interfere with the sentence. Consequently, the Supreme Court dismissed the petition for leave to appeal.
- Whether the Supreme Court will reduce a sentence of imprisonment upheld by the High Court when the petitioners claim it is excessive?
- Does a sudden fight arising over a land dispute warrant the alteration of a murder conviction to culpable homicide not amounting to murder?
- Section 302, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 304-I, Pakistan Penal Code 1860
ORDER
ASLAM RIAZ HUSSAIN, ACTG. C.J .-- Ahmad and Zulfiqar peti tioners have filed the present petition against their conviction and sentences.. They were tried alongwith 12 others inter alia, for the double murder of (1) Wali and (2) Hamid Khan.
2. That occurrence is stated to have taken place at 12 noon on 12-8-1976 in Village Hassan Khan, P.S. Hassan, District Jhang. The report was lodged by Muhammad Siddiq P.W.8 (brother of the deceased) at 5 p.m. on the same evening which was recorded by Muhammad S. I. (P.W.16).
3. The motive for the occurrence is stated to be a dispute for the possession of land from which a date tree was alleged to have been cut by the accused party. The complainant party; which claimed the piece of land treated the aforesaid tree as their own, is said to have enraged over this act on the part of the accused party and therefore attacked them. All the 12 accused were tried by the learned Additional Sessions Judge, Jhang, who acquitted Nawaz and Haq Nawaz, convicted Ahmad and Zulfiqar under section 302/149, P.P.C. and sentenced each of them to death and the rest of the accused were convicted under section 302 / 149, P . P . C . and sentenced to imprisonment for life each.
4. The convicted-accused filed an appeal before the High Court which vide the impugned judgment altered the conviction of Ahmad and Zulfiqar petitioners from section 302, P.P.C. to one under section 304-I, P.P.C. and reduced their sentence from death to that imprisonment for life. The sentence of imprisonment of the remaining 8 co-accused was altered to that already undergone by them.
5. The aforementioned co-accused appear to have been satisfied with the reduction in their sentences but the present petitioners have filed this petition for leave to appeal before this Court.
6. The main contention of the petitioners' counsel urged before us was that the sentence of imprisonment awarded to the petitioners was excessive and may be reduced. We are, however, not persuaded to do so, because we are of the view that in the circumstances of this case they have already been dealt with leniently.
The petition is, therefore, dismissed.
M . Z . M Petition dismissed.
Cited by 1 case
- MUHAMMAD NASIM AKHTAR vs THE STATE 1990 SCMR 1199