WALLAN BIBI Versus SALEEM
This matter originated from a petition for leave to appeal filed by the complainant, Mst. Wallan Bibi, challenging a Lahore High Court judgment that modified the conviction of the respondents, Saleem and Shamas, from Section 302/34 of the Pakistan Penal Code 1860 to Section 304, Part II of the Pakistan Penal Code 1860, while acquitting two other co-accused. The trial court had originally convicted all four respondents under Section 302/34, sentencing one to death and the others to life imprisonment for the murder of the petitioner's husband, which involved both blunt weapon injuries and throttling. The petitioner contended that the High Court erred in reducing the conviction given the medical evidence of fatal injuries. The Supreme Court granted leave to appeal specifically regarding the respondents Saleem and Shamas to determine whether the facts of the case warranted a conviction under Section 302/34 rather than the lesser offence of Section 304, Part II. The Court ordered the issuance of non-bailable warrants for the respondents to ensure their presence for the appeal proceedings.
- Whether the High Court erred in converting a conviction under Section 302/34 of the Pakistan Penal Code 1860 to Section 304, Part II of the Pakistan Penal Code 1860?
- Does the presence of both blunt weapon injuries and throttling justify a conviction for murder under Section 302 of the Pakistan Penal Code 1860?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 304, Pakistan Penal Code 1860
ORDER
1. JAVID IQBAL, J.-- This petition for leave to appeal has been filed by Mst. Wallan Bibi petitioner and is directed against the judgment dated 28th March, 1984 of the Lahore High Court, Lahore whereby conviction under section 302/34, P.P.C. as well as sentence awarded to Saleem and Shamas respondents were set aside and they were instead convicted under section 304, Part II , P. P. C . and each of them was sentenced to 10 years' R.I. plus fine, whereas Salahuddin and Muhammad Hussain respondents were acquitted.
2. All the four respondents were tried on a charge under section 302/34, P.P.C. by- the Additional Sessions Judge, Kasur who vide his judgment dated 20 February, 1980 convicted all of them under section 302/34, P.P.C. and sentenced Saleem respondent to death plus fine whereas each of the remaining three respondents was sentenced to life imprisonment plus fine.
3. The background is that a month prior to the present occurrence Rehmat father of Shamas respondent asked for the hand of a daughter of Mehram deceased for his son Sattar, which was refused. Mehram deceased and Rehmat were step-brothers. Three days prior to the present occurrence, the she-calves (Kattis) of the deceased damaged the crops of Rehmat and this led to an altercation between them in the presence of the respondents who threatened to deal with the deceased. Eventually on the day of occurrence i.e. 3rd August, 1974, while the deceased in the company of his wife Mst. Wallan Bibi petitioner was going over the bridge, the four respondents attacked him. Saleem respondent put Safa around the neck of the deceased and twisted it. As a result the deceased fell down and he sat over him. Shamas respondent alongwith others gave Sota blows to him. The deceased died on the spot. The occurrence was witnessed by Mst. Wallan Bibi petitioner, and Abdul Hamid. Saleem and Shamas respondents were arrested on 4th August, 1974. From both of them were recovered human blood-stained sotas on 7th August, 1974. Safa was also recovered at the instance of Saleem respondent. No recoveries were affected from the others. According to the medical evidence the deceased died as a result of head injuries as well as of throttling.
4. It was argued by the learned counsel that although the Lahore High Court had noted that besides four blunt weapon injuries (which collectively resulted in the death of the deceased) his death had also been caused by throttling attributed to Saleem respondent, then, in the circumstances there was no justification on the part of the Lahore High Court, Lahore in setting aside the conviction and sentence of the respondents under section 302/34, P.P.C. and instead to convict and sentence Saleem and Shamas respondents under section 304, Part II, P.P.C.
5. We grant leave in this case only against Saleem and Shamas respondents to consider as to whether it was a case governed under section 302/34, P.P.C. and not under section 304, Part II, P.P.C. I Non-bailable warrants to issue against Saleem and Shamas respondents returnable to the District Magistrate, Kasur.
6. M.I./W-17/S Leave granted.
Cited by 1 case
- BASHARAT ALI and 5 others vs THE STATE 2009 YLR 1445