RASHID AHMAD vs MUHAMMAD JAMIL and another
This petition for leave to appeal was filed against a judgment of the Lahore High Court, which had altered the conviction of the respondent from murder to culpable homicide not amounting to murder. The petitioner, the complainant in the original criminal case, challenged the High Court's decision to reduce the sentence and modify the conviction under Section 304, Part I, Pakistan Penal Code 1860. The core legal question before the Supreme Court was whether the High Court erred in its assessment of the evidence regarding the absence of motive, the sudden nature of the fight, and the lack of cruel or unusual conduct by the accused. The Supreme Court upheld the High Court's findings, noting that the evidence established the incident arose from a sudden quarrel without previous enmity, and the accused caused only a single injury, demonstrating no intention to cause death. Consequently, the Supreme Court held that the High Court committed no illegality in its reappraisal of the facts and sentencing, and accordingly dismissed the petition for leave to appeal.
- Can a conviction for murder be altered to culpable homicide not amounting to murder when the incident arises from a sudden fight without previous enmity?
- Does the infliction of a single injury during a sudden quarrel negate the intention to cause death?
- Is the High Court's assessment of motive and the nature of the fight a valid ground for altering a conviction under the Pakistan Penal Code 1860?
- Section 304, Part I, Pakistan Penal Code 1860
ORDER
1. ' GHULAM MUJADDID, J.--Rashid Ahmad son of Barkat Ali, resident of Chak No,232/GB, District Faisalabad, seeks leave to appeal against the judgment of the Lahore High Court dated 18-5-1987.
2. ' The petitioner lodged report at Police Station Satiana with regard to the murder of Ali Ahmad which took place on 28-10-1981 at 9 p.m. Within the area of Chak No,232/GB. It was recorded by Sub-Inspector Muhammad Ashraf.
3. ' Muhammad Jameel alias Jeela was tried for the murder of Ali Ahmad by the Additional Sessions Judge, Faisalabad. The trial Judge, by judgment dated 20-2-1984 found him guilty. He was sentenced to death and fine of Rs,4,000 or in default two years' R.I. He was also ordered to pay Rs,6,000 as compensation to the legal heirs of the deceased.
4. ' On appeal the High Court acquitted him of the charge of murder. He was instead convicted under section 304, Part I, P.P.C. And sentenced to seven years' R.I. And fine of Rs,15,000.
5. ' The reason which prevailed with the High Court in altering the conviction and reducing the sentence was as follows:- "...It is proved on the record that there was no previous enmity between the parties. There was absolutely no motive on the part of the appellant to commit the offence. The death of the deceased, of course, took place as a result of sudden fight between them in the heat of passion upon a sudden quarrel on the occasion of prize giving ceremony to the cyclists. It may also be noted that the appellant caused only one injury on the person of the deceased and decidedly he did not take any undue advantage of the situation and nor acted in a cruel or unusual manner. He could cause more injuries to the deceased but he did not do so. This shows that the appellant had no intention to cause the death of the deceased."
6. ' Learned counsel for the petitioner contended that the reasoning of the High Court was neither sound nor in accordance with law.
7. ' We are unable to agree with that. On the other hand we are of the view that by altering the conviction and sentence the High Court committed no illegality which would justify interference by this Court. This petition is accordingly dismissed.