KHAN MUHAMMAD Versus AMIR
This matter arises from cross-petitions seeking special leave to appeal against a judgment of the High Court dated 20th March, 1984, which upheld the conviction of two accused persons under section 302 of the Pakistan Penal Code 1860, maintaining the sentence of life imprisonment for one and reducing the death sentence of the other to life imprisonment. The core legal question concerned the propriety of the conviction and the quantum of sentence awarded to the convicts. The Supreme Court of Pakistan held that the conviction of both accused was well-founded and the sentences imposed, including the lesser sentence, were legally sustainable. The Court established that where a lesser sentence imposed by the High Court is a lawful exercise of discretion, the Supreme Court will not interfere with it on a petition for enhancement, and accordingly dismissed both the complainant's petition for enhancement and the convicts' petition against conviction.
- Whether the Supreme Court will interfere with a lesser sentence of life imprisonment passed by the High Court when it is a legal sentence?
- Are the convictions under section 302 of the Pakistan Penal Code 1860 sustainable when supported by the record?
- Section 302, Pakistan Penal Code 1860
ORDER
NASIM HASAN SHAH, J. --This order will dispose of Criminal Petition for Special Leave to Appeal No.134 of 1984 and Jail Petition for Special Leave to Appeal No.32-R of 1984, as both are directed against one and the same judgment of the High Court dated 20th March, 1984.
2. The High Court by the aforesaid judgment had upheld the conviction of Amir son of Ghulam Muhammad and Muhammad Nawaz son of Jan Muhammad under section 302, P.P. C. and while maintaining the sentence of life imprisonment passed against Muhammad Nawaz reduced the sentence of death passed against Amir by the trial Judge to a sentence of imprisonment for life. The complainant Khan Muhammad has challenged by this petition (Criminal Petition No.134 of 1984) the lesser sentence imposed on the two respondents. The convicts Amir son of Ghulam Muhammad and Muhammad Nawaz son of Jan Muhammad have, on the other hand, challenged their conviction and sentence by a petition from Jail (Jail Petition No.32-R of 1984). The last mentioned petition is barred by 20 days but in view of the long sentence imposed on the convicts the delay is condoned and their petition is also being disposed of on merits.
3. We have heard Mr. Saeed Hassan, learned counsel for the complainant Khan Muhammad in Petition for Special Leave to Appeal No.134 of 1984 and have also perused the grounds of appeal submitted by the two convicts (in Jail Petition No.32-R of 1984).
4. After hearing the learned counsel and perusing the record we are satisfied that Amir and Muhammad Nawaz were rightly convicted under section 302, P.P.C. and although the lesser sentence imposed on Amir by the High Court appears to border on generosity but being a legal sentence we are not inclined to interfere with it. Mr. Saeed Hassan has rightly not pressed the petition for enhancement of the lesser sentence awarded to Muhammad Nawaz, as the sentence imposed upon him is the appropriate sentence.
The result is that both the petitions fail and are dismissed herewith accordingly.
M.I./K-39/S Petitions dismissed.