AMIR HUSSAIN Versus STATE
The petitioner Amir Hussain sought leave to appeal against the judgment of the Lahore High Court upholding his conviction under Section 302 of the Pakistan Penal Code 1860 and his sentence of death for the murder of the deceased, while his co-accused was acquitted. The core legal question raised was whether two co-accused who fired at the deceased, resulting in only one fatal shot, are both entitled to the lesser sentence of imprisonment for life merely because it cannot be determined whose shot proved fatal, or whether a murderer can claim such benefit when one of them missed. The Supreme Court of Pakistan granted leave to appeal to examine whether the principle of lesser sentence applies when multiple accused fire at a victim but only one shot hits, specifically considering the effect of a missed shot by a co-accused. The Court laid down that further consideration is required regarding the application of mitigating circumstances based on attribution of fatal injuries in joint firing cases.
- Whether an accused person is entitled to a lesser sentence under Section 302 of the Pakistan Penal Code 1860 when multiple persons fire at the deceased and it cannot be determined whose shot was fatal?
- Can murderers claim the benefit of a lesser sentence merely on the ground that one of them missed the person at whom they intended to kill?
- Section 302, Pakistan Penal Code 1860
ORDER
ASLAM RIAZ HUSSAIN, J .‑‑Amir Hussain petitioner seeks leave to appeal against the judgment of the Lahore High Court, Lahore dated 20th July, 1987 dismissing his appeal in a case under section 302;1 P.P.C. The facts briefly are that Amir Hussain and Chan Pir are stated to have fired and killed Sakhawat Hussain Shah (deceased) at 7.30 a. m. on 8th of March, 1982. The trial Court convicted Amir Hussain petitioner under section 302, P.P.C. and sentenced him to death, but acquitted Chan Pir co‑accused.
2. Before us the learned counsel for the petitioner, relying on 1985 S C M R 181, P L D 1977 S C 446, 1984 S C M R 276 and 1984 S C M R 169, argued that since according to the prosecution both Amir Hussain and Chan Pir are stated to have fired at Sakhawat Hussain deceased and it cannot be said as to whose shot was fatal, therefore, Amir Hussain petitioner is entitled to the lesser sentence under section 302, P.P.C. The aforementioned authorities indeed A support his contention but what would also need consideration as to whether when two persons fired at and killed another, and the deceased is only hit by one shot, can the murderers claim the benefit of lesser sentence under section 302, P.P.C. merely on the ground that one of them was a bad shot and missed the person at whom he is proved to have fired with the intention to kill.
3. Leave is, therefore, granted to consider the questions mentioned in paragraph No.2, above.
S.Q./A‑208/S Leave granted .