RASHIDA BEGUM Versus HAMAYUN MIRZA
This petition for leave to appeal arises out of a judgment of the Lahore High Court which altered the respondent's conviction from section 302 of the Pakistan Penal Code to section 304, Part I, and reduced his sentence of life imprisonment to ten years' rigorous imprisonment for the murder of Muhammad Idrees. The core legal question examined by the Supreme Court was whether the High Court erred in its appreciation of evidence by treating the incident as a sudden fight and accepting the defence version regarding the nature of the occurrence. The Supreme Court held that the High Court's finding of a sudden fight was correct, noting that the respondent sustained eight injuries, including three incised wounds, while the deceased had only one fatal injury, thus justifying the reduction in conviction and sentence. Consequently, the Court laid down that where mutual injuries on the accused support the existence of a sudden fight, appellate interference with the High Court's assessment of facts is unwarranted. The petition was accordingly dismissed.
- Whether the High Court was justified in altering the conviction from section 302 to section 304, Part I of the Pakistan Penal Code based on the existence of a sudden fight?
- Does the presence of multiple injuries on the person of the accused support the plea of a sudden fight in a murder case?
- When will the Supreme Court interfere with a High Court judgment reducing a sentence of life imprisonment to ten years' rigorous imprisonment?
- Section 302, Pakistan Penal Code
- Section 304, Part I, Pakistan Penal Code
ORDER
1. JAVID IQBAL, J.-- This petition for leave to appeal is directed against judgment dated 18 December, 1984 of the Lahore High Court, Lahore.
2. Briefly the facts are that Hamayun Mirza respondent was charged for an offence under section 302, P.P.C. for the murder of Muhammad Idrees and the Sessions Judge, Sialkot vide judgment dated 11 December, 1982 convicted him under section 302, P.P.C. and sentenced him to life imprisonment plus fine. On appeal the High Court altered the conviction from section 302 to 304, Part I, P.P.C., and reduced the sentence from life imprisonment to ten years' R.I. maintaining the sentence of fine. The occurrence took place at 3-30 p.m. on 23 August, 1982, in Mohalla Wasi Shaheedan, Sialkot. The respondent was arrested on 24 August, 1982 and on 31 August, 1982 at his instance was recovered human blood-stained Chhuri which has not been relied upon by the trial Court. The eye-witnesses produced were Muhammad Shafiq P.W., brother of the deceased, Muhammad Latif P. W . , uncle and Allah Rakh a P. W . (relative not believed). According to the medical evidence the deceased had one incised injury on the back and middle of left chest whereas the respondent had eight injuries simple in nature out of which three had been caused by sharp-edged weapon and five with blunt weapon. The motive is that in a quarrel between the younger brother of the deceased with the other side, the deceased had slapped the boy of the accused party. According to the prosecution version thereupon the respondent came out and gave a Chhuri blow at the back of the deceased who tried to run away.
3. It was argued by learned counsel that the defence version should not have been relied upon by the High Court as it was not a case of self-defence. We have considered the arguments of the learned counsel. The respondent had as many as eight injuries on his person including three incised injuries, whereas the deceased had only ones fatal incised wound. The finding of the High Court therefore, to the effect that it was sudden fight, is correct. Consequently no case is made out for interference. The petition is dismissed.
4. M.I./R-34/S Petition dismissed