MUHAMMAD SADIQ Versus MUHAMMAD HANIF
This petition for leave to appeal arose from a judgment of the High Court which altered the conviction of the respondents from Section 302/149 of the Pakistan Penal Code 1860 to Section 326/149 of the same Code, reducing their sentence from death to ten years' rigorous imprisonment. The petitioner, who was the complainant, contended that the High Court erred in its assessment of the medical evidence and the nature of the injuries, particularly in describing two head injuries as simple when the medical evidence indicated that the cause of death was the cumulative effect of multiple injuries, including those to the head. The Supreme Court of Pakistan granted leave to appeal to examine whether, under the facts and circumstances of the case, the alteration of the conviction and the reduction of the sentence from death to ten years' rigorous imprisonment was legally justified.
- Whether the High Court was legally justified in altering a conviction from Section 302/149 to Section 326/149 of the Pakistan Penal Code 1860 where the cause of death was the cumulative effect of multiple injuries?
- Whether head injuries can be treated as simple in nature when medical evidence attributes the cause of death to the cumulative effect of those and other injuries?
- Whether a prior exchange of abuses precludes the formation of an unlawful assembly with the common object to commit murder?
- Section 302/149, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 326/149, Pakistan Penal Code 1860
ORDER
S.A.NUSRAT, J.- -The respondents were tried by the Additional Sessions Judge, Multan, for the murder of Muhammad Fazil during an occurrence, which had taken place on 25-7-1980 at the Bhani of Muhammad Ashraf, Chak No.66-M. Tehsil Shuja Abad and were convicted under section 302/149, P.P,C. and sentenced to death with fine. They were also convicted under section 148, P.P.C. and sentenced to two years' R.I. each with fine. On appeal filed by the respondents, the learned High Court found that the prosecution had established its case against them beyond any shadow of doubt. However, they were acquitted of the charge of murder and instead were found guilty under section 326/149, P.P.C. and awarded 10 years R.I. each and fine.
2. It was contended on behalf of the complainant/ petitioner that having found that the prosecution had proved its case, the normal penalty of death should have been awarded to the respondents under section 302/149, P.P,C., as ordered by the trial Court and their acquittal of the charge of murder was not based on sound principles of law. It was contended that the respondents were armed with deadly weapons and way laid the deceased while sitting in ambush. According to the learned counsel, the High Court was not justified in holding that the incident of exchange of abuses was not of such a nature for which the respondents would have formed an unlawful assembly to murder the deceased. It was further pointed out that the learned High Court had erred in describing the two injuries on the parietal region of Muhammad Fazil deceased as simple in nature. According to the medical evidence, the deceased had suffered 13 injuries at the hands of the respondents of which injury No.4 was on the right parietal area of head while injury No.5 was located on its opposite side. The cause of death was accumulative effect of injuries Nos.1 to 6, which included the aforementioned two injuries located on the head. In support of the above contention, the learned counsel referred to certain decisions of this Court.
3. After hearing the learned counsel and going through impugned judgment, we would grant leave to appeal to examine question whether in the facts and circumstances of the case, alteration of sentence from death to 10 years' R.I. each and fine was not justified in law.
The respondents shall not be released until the decision of the appeal and the jail authorities be informed accordingly.
S.Q./M-264/S Leave granted.