MUHAMMAD YASIN vs The STATE
This petition for leave to appeal challenged a judgment of the Sind High Court, which had dismissed a revision application and upheld the petitioner's conviction under Section 304-A of the Pakistan Penal Code 1860. The petitioner had been sentenced to two years of rigorous imprisonment and a fine of Rs. 3,000. The core legal question before the Supreme Court was whether the concurrent findings of the lower courts regarding the petitioner's guilt under the charged section were sustainable. Upon hearing the arguments of the learned counsel, the Supreme Court found no grounds to take exception to the concurrent findings of the three courts below, which had concluded that the prosecution successfully proved the case against the petitioner. Consequently, the Supreme Court held that the petition lacked merit and dismissed it. The judgment reinforces the principle that the Supreme Court will generally not interfere with concurrent findings of fact by lower courts when the prosecution has successfully established the guilt of the accused.
- Can the Supreme Court interfere with concurrent findings of fact by lower courts in a criminal revision matter?
- Is a conviction under Section 304-A of the Pakistan Penal Code 1860 sustainable when supported by concurrent findings of three lower courts?
- Section 304-A, Pakistan Penal Code 1860
ORDER
1. ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the judgment of a learned Judge of Sind High Court dismissing a revision application filed by the petitioner and thereby upholding the conviction recorded against the petitioner under section 304-A, Pakistan Penal Code for which he was sentenced to two years' R.I. And pay fine of Rs.3,000.
2. After having heard the learned counsel in support of the petition we find that no exception can be taken against the concurrent findings of all the three Courts below that the prosecution has successfully under section 304-A. The petition has, therefore, no merit and is accordingly dismissed.