RIAZ AHMAD vs FAROOQ AHMAD And Another
Criminal petitions for special leave to appeal were filed before the Supreme Court of Pakistan by both the complainant (seeking enhancement of sentence and challenging the alteration of charge) and the convict (challenging his conviction and altered sentence). The convict, Muhammad Farooq, was initially convicted by the trial court under Section 302 of the Pakistan Penal Code 1860 and sentenced to death, along with a fine. On appeal, the High Court altered his conviction to Section 304 Part II (referred to in the text as Section 302-II) of the Pakistan Penal Code 1860, reducing his sentence to five years' rigorous imprisonment while maintaining the fine, based on a finding that a reasonable possibility existed that the defence version might be true. The Supreme Court dismissed the convict's petition as not pressed. Regarding the complainant's petition challenging the appreciation of the defence plea, the Supreme Court concurred with the High Court's assessment of the evidence and reasoning, finding no merit in the challenge and accordingly dismissing the petition.
- Whether the High Court's alteration of a conviction from murder to a lesser offence based on the reasonable possibility of the defence plea being true warrants interference by the Supreme Court?
- Whether leave to appeal against reduction of sentence should be granted when the appellate court's appreciation of the defence plea is supported by the evidence on record?
- Section 302, Pakistan Penal Code 1860
- Section 304 Part II, Pakistan Penal Code 1860
ORDER
ASLAM RIAZ HUSSAIN, J.--This order will dispose of (i) Criminal Petition for Special Leave to Appeal No. 184 of 1983 filed by Riaz Ahmad complainant and (ii) Criminal Petition for Special Leave to Appeal No. 207 of 1983 filed by Muhammad Farooq against his conviction and sentence.
2. Muhammad Farooq (petitioner in Crl.P. No. 207 of 1983 was tried along with Muhammad Ashiq, inter alia, for the murder of Javaid Akhtar. The trial Court acquitted Muhammad Ashiq co-accused but convicted Muhammad Farooq under section 302, P.P.C. And sentenced him to death and a fine of Rs.10,000. On appeal the High Court altered his conviction to one under section 302-II, P.P.C. And reduced his sentence from death to 5 years' R.I. The sentence of fine was, however, maintained.
Feeling aggrieved he has filed a petition for leave to appeal (Crl.P. No.207 of 1983), against his conviction and sentence. Riaz Ahmad, complainant, has on the other hand, filed a Petition No. 184 of 1983, for leave to appeal, against the acquittal of Muhammad Farooq of the charge under section 302, P.P.C. And for enhancement of his sentence.
3. The learned counsel for Muhammad Farooq, accused-petitioner (in CrI.P. No. 207 of 1983) did not press the petition. The same is, therefore, dismissed as not pressed.
4. The learned counsel for Riaz Ahmad, complainant-petitioner, (in Cr.P. No. 184 of 1983), took us through the relevant portions of the judgment and submitted that the plea of defence raised by the accused-petitioner, in (Cr.P. No. 207 of 1983), was not properly appreciated and that the High Court had wrongly held that 'there is a reasonable possibility that the defence put forward by the appellant might be true.
5. We have given our anxious consideration to the relevant portions of the evidence and the reasons given by the High Court for the aforementioned finding and find ourselves in respectful agreement with it. We, therefore, find no force in this petition (Cr.P. No. 184 of 1983), which is also dismissed.
This disposes of both the petitions.