MUHAMMAD ASHIQ vs THE STATE
The petitioner, along with two others, was tried for the murder of Abdul Jabbar. The trial court convicted the petitioner under Section 325, Pakistan Penal Code and sentenced him to five years rigorous imprisonment with a fine, while the co-accused were convicted under Section 323, Pakistan Penal Code. On appeal and revision, the Lahore High Court dismissed the appeals and the revision, while adjusting the sentences of the co-accused. The petitioner then filed a petition for leave to appeal before the Supreme Court of Pakistan. The core legal question concerned the sustainability of the petitioner's conviction and the propriety of the sentence and concessions granted by the lower courts. The Supreme Court held that the petition was entirely devoid of merit, noting that the petitioner had in fact been granted undue concessions by the trial court to which he was not entitled. The petition for leave to appeal was consequently dismissed, upholding the concurrent findings and convictions.
- Whether a petition for leave to appeal against concurrent convictions for grievous hurt resulting in death is maintainable without substantial grounds?
- Can the High Court withdraw the benefit under Section 382-B of the Code of Criminal Procedure 1898 while deciding criminal appeals?
- Section 325, Pakistan Penal Code
- Section 323, Pakistan Penal Code
- Section 382-B, Code of Criminal Procedure 1898
ORDER
1. ' GHULAM MUJADDID, J.--The petitioner along with Muhammad Aslam and Muhammad Shafique were tried by the Additional Sessions Judge, Rawalpindi, for the murder of Abdul Jabbar which took place on 11-9-1985 at about 6-00 a.m. In Nai Abadi Dhoke Kashmiran, Rawalpindi. Report was lodged by Muhammad Shafat, maternal uncle of the deceased.
2. ' The trial Court convicted the petitioner under section 325, P.P.C. And sentenced him to five years R.I. And fine of Rs,5,000 or in default six months R.I. Muhammad Aslam and Muhammad Shafique were convicted under section 323, P.P.C. And sentenced to six months R.I. Each with fine of Rs,1,000 each or in default thereof three months R.I each.
3. ' Muhammad Ashiq and Muhammad Aslam filed joint appeal in the Lahore High Court where Muhammad Shafique separately appealed. Criminal revision was also filed by the complainant. All the three matters were decides, by the High Court by judgment dated 19-41989. Both the appeals were dismissed and so was the revision.
4. ' The learned Judge in view of the grievous injury caused by Mu! Ammad Ashiq which resulted in the death of Abdul Jabbar withdrew the benefit under section 382-B, Cr.P.C. In the case of the remaining two appellants before the High Court namely Muhammad Aslam and Muhammad Shafique, the High Court observed that the sentence already undergone by them would meet the ends of justice.
5. ' Muhammad Ashiq has now filed this petition for leave to appeal.
6. We are really surprised as to what persuaded the petitioner to file this petition when there is hardly any merit in it. On the other hand we notice that the petitioner had been given so much of concession by the trial Court to which he was not entitled under the law and otherwise. Dismissed.