MUHAMMADBAIG Versus MUHAMMAD MANSHA
This petition for leave to appeal arises from a judgment of the Lahore High Court, which partially allowed an appeal by the accused, modifying their conviction from Section 302, Pakistan Penal Code 1860 (murder) to Section 304, Part I, Pakistan Penal Code 1860 (culpable homicide not amounting to murder). The complainant challenged this modification, arguing that the High Court erred in applying Exception IV to Section 300, Pakistan Penal Code 1860. The petitioner contended that the accused took undue advantage of the victims and acted in a cruel and unusual manner, specifically noting that the accused used knives against unarmed victims and inflicted multiple injuries, thereby disqualifying them from the benefit of the exception. The Supreme Court found the matter fit for examination, specifically to determine whether the conditions for Exception IV to Section 300, Pakistan Penal Code 1860 were satisfied to justify the lesser conviction under Section 304, Part I, Pakistan Penal Code 1860. Leave to appeal was granted to examine the application of these legal provisions.
- Does the use of knives against unarmed victims constitute taking 'undue advantage' under Exception IV to Section 300, Pakistan Penal Code 1860?
- Do the nature, number, and location of injuries inflicted on a victim indicate a 'cruel and unusual manner' for the purposes of Exception IV to Section 300, Pakistan Penal Code 1860?
- Under what circumstances does the application of Exception IV to Section 300, Pakistan Penal Code 1860 fail to justify a conviction under Section 304, Part I, Pakistan Penal Code 1860?
- Section 302, Pakistan Penal Code 1860
- Section 304, Part I, Pakistan Penal Code 1860
- Exception IV to Section 300, Pakistan Penal Code 1860
ORDER
MUHAMMAD AFZAL ZULLAH, J. ‑‑Leave to appeal has been sought by the complainant side in a case of murder, from Judgment dated 9‑12‑1984 of the Lahore High Court; whereby accused/ respondents' appeal against conviction and sentence under section 302, P.P.C. was, partly allowed and they were convicted and sentenced under section 304, Part I.
2. The learned counsel has pressed this petition against Ghulam Qadir and Ghulam Rasul on a short point; namely, that all the conditions for application of exception IV to Section 300, P.P.C. having not been satisfied, they were not entitled to lesser punishment under section 304, Part I. According to him they took undue advantage A of their victims, the two deceased persons and also acted in cruel and unusual manner. He argued that it amounted to undue advantage, when the said two respondents used knives against two empty‑handed victims. Further, he argued that the nature, number and location of the injuries inflicted by them indicated that they acted in unusual and cruel manner.
3. After hearing the learned counsel, we consider it a fit case to examine; whether the conditions pointed out by the learned counsel were satisfied in this case for application of exception IV to Section 300, P.P.C. and resultant conviction under section 304, Part I, P.P.C. and not under section 302, P.P.C.
4. Leave to appeal is accordingly granted against Ghulam Qadir and Ghulam Rasul only. They shall not be released from jail during the pendency of this matter without the order of this Court.
M.I./M‑398/S Leave granted.