MUHAMMAD ASLAM Versus SULEMAN
This petition for leave to appeal arose from a judgment of the Lahore High Court, which maintained the convictions of the respondents under sections 326 and 324 of the Pakistan Penal Code 1860, while reducing their sentences to the period already undergone. The respondents were originally charged with murder, but the trial court convicted them for causing grievous hurt and hurt, respectively, following an incident where the deceased died twenty days later due to complications from knife wounds. The petitioner challenged the adequacy of the sentences, arguing that the injuries were inflicted with the intention to murder, thereby warranting a conviction for murder rather than lesser offences. Furthermore, the petitioner contended that the trial court failed to impose mandatory compensation under section 544-A of the Code of Criminal Procedure 1898. The Supreme Court granted leave to appeal to specifically examine the potential enhancement of the sentence under section 326 of the Pakistan Penal Code 1860, and to consider the imposition of compensation under section 544-A and section 545 of the Code of Criminal Procedure 1898.
- Does the failure to impose compensation under Section 544-A of the Code of Criminal Procedure 1898 constitute a legal error requiring correction?
- Can the Supreme Court grant leave to appeal for the purpose of enhancing a sentence imposed by the High Court?
- Is the imposition of fine under Section 545 of the Code of Criminal Procedure 1898 mandatory in cases involving grievous hurt?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 326, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
- Section 545, Code of Criminal Procedure 1898
ORDER
1. JAVID IQBAL, J. --This petition for leave to appeal is directed against judgment of the Lahore High Court, Lahore dated 13 June, 1984.
2. Brief facts are that Suleman and Saleem respondents were charged for an offence under sections 302/34, P.P.C. But the trial Court vide judgment dated 4 February, 1977 convicted Suleman respondent under section 326, P.P.C. and sentenced him to 5 years R.I. whereas Saleem respondent was convicted under section 324, P. P. C. sentenced to two years R.I. On appeal the High Court maintaining the convictions of the respondents reduced their sentences to the period already undergone by them.
3. The deceased in this case is Muhammad Umar. The occurrence took place at 3 p.m. on 18 October 197 3 near U . B . L. , within P . S . Kotwali, Faisalabad. The F.I.R. was lodged on the same day at 8 p.m. Both the respondents were arrested on 6 November 1973 and from them were recovered two human blood-stained knives on 16 November 1973. The eye-witnesses produced were Muhammad Nazir, Muhammad Anwar and Khurshid Alam who were unconnected. Motive was that four years before Muhammad Zaman, brother of the respondents was murdered and for his murder were implicated the present petitioner, Muhammad Younis and Abdul Waheed brothers of the deceased. Muhammad Younis was sentenced to death and his appeal was pending. The petitioner was acquitted whereas Abdul Waheed had absconded. The murder of the deceased was committed in order to take revenge. The prosecution version is that both the respondents had attacked the deceased by giving him knife blows. Suleman respondent caused him two blows on the inner and outer side of the left thigh while Saleem respondent gave a knife blow on his right thigh. The deceased died subsequently as a result of cutting of femoral artera, and septicaemia after 20 days.
4. Learned counsel argued before us that the injuries had beenr deliberately caused to the deceased by the respondents with the intention to murder the deceased and that therefore they should no have been convicted and sentenced under sections 326 and 324, P.P.C. It was also submitted that no fine under section 544-A, Cr.P. C. was imposed in this case, which was mandatory.
5. We grant leave to consider the enhancement of sentence in this case under section 326, P.P.C. and also for imposition of fine under section 544-A as well as under section 545, Cr.P.C. Bailable warrants be issued against the respondents Suleman and Saleem for a sum of Rs.25,000 each returnable to District Magistrate, Faisalabad.
6. S. Q./M-328/S Leave granted.