ANWARUL HASSAN KHAN Versus GHULAM HUSSAIN
This petition for leave to appeal was filed by the complainant seeking enhancement of the sentence of the respondent, whose conviction under Section 302 of the Pakistan Penal Code 1860 for murder was altered by the High Court to one under Section 326 of the Pakistan Penal Code 1860, with the death sentence reduced to seven years' rigorous imprisonment based on the medical evidence showing a single injury on the thigh. The core legal question was whether the High Court was justified in altering the conviction and sentence, and whether failure to award fine and compensation warranted interference by the Supreme Court. The Supreme Court held that no case was made out for interference in the impugned judgment of the High Court and dismissed the petition. The key principle laid down is that the Supreme Court will not interfere with the appellate court's reduction of sentence and alteration of conviction where the medical evidence and circumstances of the case reasonably justify such a view.
- Whether the High Court was justified in altering the conviction from Section 302 to Section 326 of the Pakistan Penal Code 1860 based on the nature of the injury?
- Can the Supreme Court interfere with the reduction of a sentence by the High Court in the absence of strong legal justification?
- Whether the appellate court is bound to impose a fine and award compensation upon altering a conviction from murder to causing grievous hurt?
- Section 302, Pakistan Penal Code 1860
- Section 326, Pakistan Penal Code 1860
ORDER
1. JAVID IQBAL, J.-- This petition for leave to appeal has been filed by Anwarul Hassan Khan complainant-petitioner for enhancement of sentence of Ghulam Hussain respondent who was tried for an offence under section 302, P.P.C. and the trial Court convicted him under the said section and sentenced him to death plus fine. In appeal before the Lahore High Court Multan Bench a Division Bench of that Court altered the conviction of Ghulam Hussain respondent from section 302, P.P.C. to section 326, P.P.C. and also altered the sentence of death to that of seven years' R.I. The deceased in this case is Zafar Iqbal. The occurrence took place on 26th April, 1979 at 3-30 p.m. at Hafaz Jamal Road, Multan. FIR was lodged promptly a 4-15 p.m. on the same day. The respondent was apprehended on the spot and was subsequently formally arrested. Recovery of human blood-stained Chhuri was effected from him. The occurrence had been witnessed by three eye-witnesses who were produced. The motive that shortly before the occurrence the respondent had threatened the deceased that he would get him arrested by the police as he was a gambler. Thereupon the deceased is stated to have given 2/3 slap to the respondent, but they were separated by the PWs. Ten minute thereafter the respondent is stated to have attacked the decease with a Chhuri in order to avenge the insult in the presence of the witnesses. According to the medical evidence the deceased had an incised wound on the interior of right thigh in upper part and it was for this reason that the appellate Court altered the conviction and sentence awarded to the respondent.
2. Learned counsel for the complainant-petitioner argued that even if there was some justification in altering the conviction and sentence in this case, the appellate Court should have imposed fine on the respondent and should have also ordered that he should pay compensation which has not been done by the appellate Court in the instant case.
3. We have heard learned counsel at some length. But in the circumstances of the case no case is made out for interference in the impugned judgment of the Division Bench of the Lahore High Court Multan Bench.
4. The petition is consequently dismissed.
5. M.I./A-102/S Petition dismissed: