JALAL Alias JALLA AND 4 Others vs THE STATE
The petitioners challenged an order of the Lahore High Court, which upheld their convictions under Section 325/149 of the Pakistan Penal Code 1860 for rioting and causing grievous hurt, while setting aside their conviction under Section 148 of the Pakistan Penal Code 1860 due to a lack of evidence regarding deadly weapons. The petitioners argued that the prosecution evidence was interested and unreliable. The Supreme Court addressed whether the High Court erred in failing to convict the petitioners under Section 147 of the Pakistan Penal Code 1860 after finding them members of an unlawful assembly but acquitting them of the more serious charge under Section 148. The Supreme Court held that the lower courts had correctly appraised the evidence and that the petitioners' guilt was sufficiently proven. The Court found no grounds for interference with the concurrent findings of the lower courts. Consequently, the petition was dismissed, affirming the convictions and sentences imposed by the trial and appellate courts.
- Can a court convict an accused under Section 147 of the Pakistan Penal Code 1860 if the charge under Section 148 fails due to lack of proof regarding deadly weapons?
- Is the Supreme Court required to interfere with concurrent findings of fact regarding the reliability of interested witnesses?
- Section 325, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
1. SAJJAD AHMAD, J.-The petitioners are aggrieved by the order of learned Single Judge of the Lahore High Court passed in revisional jurisdiction, whereby their convictions under section 325/149, P. P. C. With a sentence of one year R. I. And a fine of Rs.50 or, in default, three months' R. I., have been upheld. They were also found guilty by the trial Magistrate and the appellate Court under section.148, P. P. C. However, the learned Single Judge in the High Court has set aside their conviction on this count for the reason that it was not proved that the petitioners were armed with deadly weapons, failing to take note of the fact that if the charge under section 148 failed on the ground mentioned by him, the petitioners could not escape their liability under section 147, P. P. C.
2. On the basis of the learned Judge's own finding that the petitioners were members of an unlawful assembly and were guilty of rioting, although not armed with deadly weapons.
3. The learned counsel for the petitioners has argued before us that the prosecution evidence is of an interested nature, and it is not safe to place reliance on it. We consider that the evi4ence has been duly appraised by the Courts below, and has been rightly accepted in proof of the petitioners' guilt.
4. No interference is called for by this Court. The petition is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.