Pakistan Case Law
1989 SCMR 521

MUHAMMAD SHARIF vs MUHAMMAD ISHAQUE and others

⭐ Prefer in Google
Citation1989 SCMR 521
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Special Leave to Appeal No,207 of 1987
Date1988-04-18
Judge(s)Aslam Riaz Hussain, Javid Iqbal and Saad Saood Jan
Authored byAslam Riaz Hussain
ResultLeave refused
Summary

This petition for leave to appeal challenged a High Court judgment that altered the respondents' conviction from Section 302/34 of the Pakistan Penal Code 1860 to Section 304-I read with Section 34 of the Pakistan Penal Code 1860. Consequently, the High Court had reduced the respondents' sentences from imprisonment for life to seven years of rigorous imprisonment. The primary legal question before the Supreme Court was whether the High Court erred in its assessment of the evidence by accepting the defence version presented by the accused-respondents, thereby justifying the alteration of the conviction and the subsequent reduction of the sentence. Upon reviewing the impugned judgment and considering the arguments presented by the petitioner's counsel, the Supreme Court found no merit in the petition. The Court held that the High Court had correctly evaluated the evidence and properly accepted the defence version. Consequently, the Supreme Court affirmed the High Court's decision, concluding that the case did not warrant the grant of leave to appeal, and the petition was dismissed accordingly.

Questions settled in this judgment
  • Can the Supreme Court interfere with a High Court judgment that accepts a defence version based on the evidence?
  • Is the alteration of a conviction from Section 302 to Section 304-I of the Pakistan Penal Code 1860 permissible if the defence version is accepted by the High Court?
Laws & provisions referred
  • Section 302, Pakistan Penal Code 1860
  • Section 34, Pakistan Penal Code 1860
  • Section 304-I, Pakistan Penal Code 1860
leave to appealalteration of convictiondefence versionreduction of sentencecriminal appealappreciation of evidence

ORDER

' ASLAM RIAZ HUSSAIN, J.--Petitioner seeks leave to appeal against the judgment of the High Court dated 9-6-1987 altering respondents' conviction from section 302/34, P.P.C. To one under section 304-I, P.P.C. Read with section 34, P.P.C., and reducing their sentences from imprisonment for life to 7 years' R.I.

' The reason for altering the conviction of the respondents was that the High Court accepted the defence version given by the accused-respondents.

2. We have gone through the impugned judgment and heard the learned counsel for the petitioner at length. He has taken us through the defence version and the relevant portions of the impugned judgment. We are in respectful agreement with the view taken by the High Court and feel that the High Court has rightly accepted the defence version.

' We do not, therefore, consider it a fit case for grant of leave. The petition is consequently dismissed.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.