MUHAMMAD SADIQ AND OTHERS vs MUHAMMAD NAWAZ AND OTHERS
This matter came before the Supreme Court of Pakistan as a petition for review of a judgment in a criminal case involving a conviction for murder. The core legal question presented by the petitioner's counsel concerned the appropriate sentencing classification under Section 304 of the Pakistan Penal Code 1860, specifically whether an accused, having been granted the benefit of Exception 2 to Section 300 of the Pakistan Penal Code 1860, should be convicted under the first part or the second part of Section 304. During the proceedings, the petitioner's counsel, after reviewing relevant precedents of the Supreme Court, abandoned the argument regarding the legal classification of the conviction and instead restricted the petition to a plea for the reduction of the sentence. Upon consideration of the arguments and the circumstances of the case, the Court found no valid justification for reviewing the judgment on any of the grounds raised. Consequently, the Court dismissed the petition, thereby maintaining the original conviction and sentence as determined in the earlier proceedings.
- Does the benefit of Exception 2 to Section 300 of the Pakistan Penal Code 1860 mandate a conviction under the second part of Section 304 rather than the first part?
- Are there sufficient grounds for a review petition when the petitioner abandons the legal argument regarding conviction classification and seeks only a reduction in sentence?
- Section 300, Pakistan Penal Code 1860
- Section 304, Pakistan Penal Code 1860
ORDER
1. MUHAMMAD AFZAL ZUILAH, J.-Learned counsel assuming the findings of fact as they are made an attempt to argue that in a murder case when an accused is allowed the benefit of Exception 2 to section 300, P. P. C. And is thus found guilty of an offence under section 304, P. P. C., the conviction should be under the second part of the said provision and not under the first part. But after availing opportunity of going through some of the judgments of this Court he did not press this point any further and instead sought the review on ground of sentence only.
2. ' In the circumstances no justification has been made for review on any of the grounds. This petition is accordingly dismissed.