MUNIR AHMAD Versus STATE
The petitioner sought leave to appeal against the judgment of the Lahore High Court dated 28-2-1984, which reduced the sentence of Suba respondent from death to imprisonment for life, acquitted Muhammad Sadiq respondent of the charge under section 302, PPC, and reduced the sentences of Muhammad Sadiq and Manzoor Ahmad respondent No.3 under section 323, PPC to the period already undergone. The core legal question was whether the High Court was justified in altering the convictions and reducing the sentences on the ground that the murder was committed during a sudden fight arising at the spur of the moment where every person was responsible for their own act. The Supreme Court held that the finding of the High Court was based on sound reasons warranted by the evidence on record. The key principle laid down is that in cases of murder committed during a sudden fight arising at the spur of the moment, each participant is individually responsible for their own specific act, justifying a reduction of sentence or alteration of conviction accordingly, and leave to appeal will be refused if the High Court's findings are sound.
- Whether an individual is responsible only for their own act when a murder is committed during a sudden fight arising at the spur of the moment?
- Whether the Supreme Court will interfere with the High Court's reduction of sentence based on sound appreciation of evidence in a sudden fight case?
- Is a case where the High Court reduces a death sentence to imprisonment for life upon finding a sudden fight a fit case for grant of leave to appeal?
- Section 302, Pakistan Penal Code
- Section 323, Pakistan Penal Code
ORDER
ASLAM RIAZ HUSSAIN, J.- -Petitioner seeks leave to appeal against the judgment of the Lahore High Court dated 28-2-1984, whereby it reduced the sentence of Suba respondent from death to imprisonment for life; acquitted Muhammad Sadiq respondent of the charge under section 302, PPC and reduced his sentence under section 323, PPC to that already undergone by him and also reduced the sentence of Manzoor Ahmad respondent No.3 under section 323, PPC to that already undergone by him.
2. We have gone through the impugned judgment and find that as held by the High Court the murder in this case was committed in the course of a sudden fight, which arose at the spur of the moment and as such every person was responsible for his own act. It is for this reason that it has altered the convictions and reduced sentences of the 3 respondents in the manner mentioned above.
3. The learned counsel for the petitioner submitted that this finding of the High Court was not warranted by the evidence on the record, He has taken us through the relevant portions of the judgment and the evidence on the record but we are not persuaded to agree with the abovementioned contentions of the petitioner's counsel and are of the view that the finding arrived at by the High Court is based on sound reasons. We do not therefore think that this is a fit case for grant of leave. The petition is consequently dismissed.
S.Q./M-291/S Petition dismissed.