ABDUR REHMAN Versus STATE
This matter arises from a petition for leave to appeal directed against the judgment of the Lahore High Court, which upheld the petitioner's conviction under Section 320 of the Pakistan Penal Code 1860 for rash and negligent driving causing qatl-e-khata, while reducing the substantive sentence of imprisonment to four years and maintaining the payment of Diyat alongside the benefit of Section 382-B of the Code of Criminal Procedure 1898. The core legal question concerns the proper appraisal of evidence regarding rash and negligent driving by the petitioner on the date of the occurrence. The Supreme Court granted leave to appeal to examine whether the High Court correctly evaluated the evidence on record concerning the petitioner's manner of driving. The key principle laid down is that the Supreme Court will review the appraisal of evidence by the High Court in criminal matters involving convictions for accidental death to ensure proper appreciation of the facts establishing rashness or negligence.
- Whether the High Court has properly appraised the evidence on record with a view to determining the question of rash and negligent driving?
- Is a petitioner convicted under Section 320 of the Pakistan Penal Code 1860 entitled to the benefit of Section 382-B of the Code of Criminal Procedure 1898?
- Section 320, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
ORDER
CH. MUHAMMAD ARIF, J.--- Leave to appeal is sought against the judgment of the Lahore High Court made in Criminal Appeal No.56 of 1994 on 18-11-1997 whereby the conviction of the petitioner by Judicial Magistrate Section 30, Model Town, Lahore under section 320, P.P.C. and sentencing him to undergo R.I. for six years and to pay Diyat of Rs.1,48,000 to the legal heirs of the deceased in one year in equal instalments or in default thereof to remain in jail till the payment of Diyat, was respectively .upheld and reduced to four years with maintaining the payment of amount of Diyat. He was also extended the benefit of section 382-B, Cr.P.C.
2. Leave to appeal is granted to consider whether the High Court has appraised the evidence on the record with a view to determining the question or rash and negligent driving by the petitioner on the date of occurrence i.e. 9-4-1991.
3. Let notice issue regarding prayer of regarding prayer of suspension of sentence for some early date.
Q.M.H./M.A.K./A-38/S Leave granted.