ABDUR RASHID Versus STATE
This matter originated as a petition for leave to appeal against a judgment of the Lahore High Court, which had modified the convictions of two respondents previously sentenced by the trial court for murder and attempted murder. The core legal question before the Supreme Court was whether the High Court erred in altering the conviction of one respondent from Section 302 to Section 304-I of the Pakistan Penal Code 1860, and in acquitting the second respondent of all charges. Upon reviewing the arguments presented by the complainant's counsel, the Supreme Court held that the High Court's findings were based on a proper appraisal of the prosecution's evidence. The Supreme Court affirmed the High Court's decision to modify the conviction and upheld the acquittal of the second respondent, finding no merit in the petition. The key principle laid down is that the Supreme Court will not interfere with the High Court's appellate findings when they are based on a sound and proper evaluation of the evidence presented during the trial.
- Does the Supreme Court interfere with a High Court's appellate judgment when the modification of a conviction is based on a proper appraisal of evidence?
- Is the acquittal of a co-accused by the High Court subject to reversal if the prosecution fails to establish a case against them?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
- Section 304-I, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
ORDER
ALI HUSSAIN QAZILBASH, J .--This is a petition for leave to appeal against the order of the learned Division Bench of the Lahore High Court, dated 3-5-1982.
2. Muhammad Anwar and his brother Muhammad Sadiq residents of village Sindhuna, P.S. Sarai Mughal, Tehsil Chunian, District Kasur, were tried by the learned Additional Sessions Judge, Kasur, for offence under sections 302/34, P.P.C. for committing the murder of Muhammad Ashiq. Muhammad Anwar and Muhammad Sadiq both were convicted under section 302/34, P.P.C. Muhammad Anwar was sentenced to death and a fine of Rs.5,000 or in default to two years' R.I. vide judgment dated 9-1-1980, whereas through the same judgment, Muhammad Sadiq was sentenced to imprisonment for life and a fine of Rs.5,000 or in default to two years' R.I. Both the respondents were also convicted under section 307/34, P.P.C. and. sentenced to four years' R.I. and a fine of Rs.3,000 each or in default of payment of fine to six months further R.I. Both the respondents filed appeal in the High Court where the learned Judges of the High Court vide their judgment dated 3-5-1982 altered the conviction of Muhammad Anwar one from under section 302 to 304-I, P.P.C. and was sentenced to ten years' R.I. with the benefit of provision under section 382-B, Cr.P.C. Muhammad Sadiq was, however, acquitted of the charge.
3. We have heard the learned counsel for Khushi Muhammad, complainant, and are of the view that the findings arrived at by the learned Judges of the High Court do not require any interference by us, in that the reasons advanced for altering the offence from section 302 to section 304-I, P.P.C. are based on the proper appraisal of evidence produced by the prosecution. Similarly the prosecution has failed to make out any case against Muhammad Sadiq respondent and he was, therefore, rightly acquitted of the delict. Finding no force in the petition, the same is dismissed.
S.Q./K-34/S Petition dismissed.