NOOR MUHAMMAD And Others vs MUHAMMAD IQBAL And Other
This matter involves three criminal petitions arising from a judgment of the High Court concerning a murder case. Criminal Petition No. 272 of 1983 was filed by the complainant challenging the alteration of the respondent Muhammad Iqbal's conviction from section 302 to section 304-I of the Pakistan Penal Code and the reduction of his sentence to ten years rigorous imprisonment, as well as the dismissal of his criminal revision regarding the acquittal of other respondents. Criminal Petition No. 281 of 1983 was filed against the acquittal of six respondents, and Criminal Petition No. 282 of 1983 was filed by Muhammad Iqbal against his conviction. The Supreme Court heard the counsel for the parties in the first petition and examined the impugned judgment, finding the High Court's reasoning for altering the conviction and reducing the sentence to be sound and declining to interfere. Consequently, the first petition was dismissed. The remaining two petitions were dismissed as not pressed by the petitioners' counsel. The court thus upheld the High Court's judgment.
- Whether the Supreme Court will interfere with the High Court's alteration of a conviction from section 302 to section 304-I of the Pakistan Penal Code when the reasons recorded are found to be proper?
- Can a criminal petition against acquittal and conviction be dismissed as not pressed when the counsel chooses not to press the same?
- Section 302, Pakistan Penal Code
- Section 304-I, Pakistan Penal Code
ORDER
ASLAM RIAZ HUSSAIN, J.--This order will dispose of: (i)Criminal Petition No. 272 of 1983 filed by Noor Muhammad complainant the acquittal of Muhammad Iqbal of the charge under section 302, P.P.C. And alteration of his conviction to one under section 304-I, P.P.C. Reducing his sentence to 10 years' R.I.; (ii)Criminal Petition No. 281 of 1983 filed by Muhammad Yaqoob against the acquittal of the 6 respondents in that petition; and (iii)Criminal Petition No. 282 of 1983 filed by Muhammad lqbal against his conviction.
2. We first take up Criminal Petition No. 272 of 1983 filed by Noor Muhammad whereby the learned High Court dismissed his criminal revision and inter alia altered conviction of Muhammad Iqbal respondent from 302, P.P.C. To 304-I, P.P.C. Reducing his sentence to 10 years' R.I.
3. We have heard the learned counsel for the parties and gone through the impugned judgment.
Considering all the facts of the case and the reasons recorded by the learned High Court for alteration of respondents' conviction and reduction of his sentence in the light of the contentions raised by the petitioners' counsel, we find ourselves in respectful agreement with the view taken by it. We, therefore, do not consider it a fit case for interference by this Court. The petition (Criminal Petition No. 272 of 1983), is consequently dismissed.
4. Kh. Sultan Ahmad who is counsel for the petitioners in the remaining two petitions (Criminal Petition No. 281 of 1983 and Criminal Petition No. 282 of 1983) does not press the said petitions. The same are, therefore, dismissed as not pressed.