ABDULLAH And 2 Others vs The STATE
This matter concerns a petition for leave to appeal against a judgment of the Lahore High Court, which had previously dismissed the petitioners' appeal against their conviction and sentence for murder. The petitioners were originally charged and convicted under Section 302/34 of the Pakistan Penal Code 1860 for the murder of one Rehmat A.I., occurring in March 1976 in the District of Sahiwal. The trial court had sentenced each petitioner to imprisonment for life and imposed a fine. Upon reviewing the arguments presented by the counsel for the petitioners and the caveator, the Supreme Court found no material evidence or legal grounds to warrant interference with the concurrent findings of the lower courts regarding the conviction and sentence. Consequently, the Supreme Court dismissed the petition, thereby upholding the lower court's decision. The judgment reaffirms the principle that appellate courts will not disturb concurrent findings of fact in criminal cases absent compelling material demonstrating error or injustice.
- Does the Supreme Court interfere with concurrent findings of conviction and sentence in a criminal case where no material error is shown?
- Is a conviction under Section 302/34 of the Pakistan Penal Code 1860 sustainable when the appellate court finds no grounds to interfere with the trial court's judgment?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
ALI HUSSAIN QAZILBASH, J.--Leave to appeal has been sought against the judgment of the Lahore High Court, dated 26-5-1984, whereby the appeal of the three petitioners against their conviction and sentence was dismissed.
2. In the above noted case, the three petitioners were charged under section 302/34, P.P.C. For committing the murder of Rehmat A.I. The occurrence is alleged to have taken place on 2-3-1976 at 7 a.m. Near the Khal within the area of Chak No. 26/14-L, Tehsil and District Sahiwal. The petitioners were tried by the Additional Sessions Judge, Sahiwal, who vide his judgment, dated 5-3- 1979 convicted all the three petitioners under section 302/34, P.P.C. And sentenced them to imprisonment for life plus a fine of Rs.2,000 each or in default to one year's R.I. Each. Half of the fine on realization was ordered to be paid to the legal heirs of the deceased. The petitioners impugned the above judgment in the High Court but the same was dismissed on 26-5-1984.
3. We have heard the learned counsel for the petitioners and the caveator and we do not find any material to interfere with the conviction and the sentence of the petitioners. 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.