MUHAMMAD ZAFAR Versus SAKHI MUHAMMAD
This petition for leave to appeal is directed against the judgment of the Lahore High Court, which modified the convictions and sentences of the respondents in a criminal case arising from a clash between closely related parties. The core legal question concerns the justification for altering convictions and reducing sentences after finding that a free fight had occurred between the parties where each member of the accused party was held responsible for their individual acts. The Supreme Court held that the High Court committed no error in its appraisal of the evidence regarding the free fight and individual liability. Consequently, the petition was dismissed, affirming that interference is unwarranted where the lower court properly assesses the evidence in sudden mutual clashes.
- Whether the High Court is justified in altering convictions and reducing sentences upon finding that a sudden free fight occurred between related parties?
- Is each member of an accused party to be held responsible only for their individual act in the absence of a common object in a free fight?
- Will the Supreme Court interfere with concurrent findings regarding the appraisal of evidence in criminal revision matters without strong grounds?
- Section 307, Pakistan Penal Code 1860
- Section 326, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 323, Pakistan Penal Code 1860
ORDER
1. JAVID IQBAL, J.- -This petition for leave to appeal has been filed by Muhammad Zafar complainant-petitioner and is directed against the judgment of the Lahore High Court Lahore, Multan Bench, Multan, dated 20th March, 1982.
2. Briefly the facts are that Sakhi Muhammad, Khushi Muhammad, Wali Muhammad, Yaseen and Ramzan respondents were tried for offences under section 307/326/148/149, P.P.C. and vide judgment of the trial Court dated 7th September, 1981 all of them were convicted under section 307/149, P.P.C. and each of them was sentenced to four years' R.I. They were also convicted under section 326/149, P.P.C. and each of them was sentenced to four years' R.I. They were likewise convicted under section 148, P.P.C. and each of them was sentenced to one year's R.I. A fine was also imposed on each of them. The Sessions Court maintained their convictions and sentences in appeal. In revision before the High Court the conviction of Khushi Muhammad, Wali Muhammad and Ramzan respondents was altered to section 323, P.P.C. and their sentences were reduced to that which they had already undergone. Yaseen respondent was convicted under section 326, P.P.C. and sentenced to 3 years' R.I. plus fine and Sakhi Muhammad respondent was given the benefit of doubt and acquitted.
3. Learned counsel for the petitioner attempted to argue that the complainant and the accused parties were closely related to one another. The motive was that the accused party had been charged with theft by a Punchayat and that they admitted the theft and promised to return the stolen property. Learned counsel submitted that the accused party came to get the stolen articles and were the aggressors. Consequently there was no justification on the part of the learned Single Judge of the Lahore High Court, Multan Bench, Multan to have altered their conviction and reduced their sentences. The learned Single Judge after proper appraisal of evidence arrived at the conclusion that both the parties being closely related to each other, per chance happened to clash in order to measure their strength, and thus a free fight took place between them. It was on the basis of this finding that each of the members of the accused party was held responsible for his individual act.
4. We have heard learned counsel at some length but in our view it is not a fit case for interference. The petition is therefore dismissed.
5. M.I. /M-222/S Petition dismissed.