MUHAMMAD IQBAL and 3 others vs THE STATE
This petition for leave to appeal arises from a judgment of the Lahore High Court upholding the conviction of the petitioners under Sections 302 and 323 read with Section 34 of the Pakistan Penal Code 1860, while commuting their death sentences to imprisonment for life and altering the imposed fines. The prosecution alleged that the petitioners, armed with soti, knife, and revolver, jointly attacked the deceased and an injured eyewitness. Medical evidence revealed that the deceased suffered one sharp-edged stab wound alongside blunt-weapon injuries, while the surviving victim suffered simple injuries caused by blunt weapons. The core legal issue before the Supreme Court of Pakistan is whether the element of common intention was established so as to attract vicarious liability under Section 34 of the Pakistan Penal Code 1860. The Supreme Court granted leave to appeal to examine the applicability of Section 34 P.P.C. under the circumstances of the case.
- Whether the element of common intention under Section 34 of the Pakistan Penal Code 1860 arises when multiple accused inflict injuries using different types of weapons?
- Section 302, Pakistan Penal Code 1860
- Section 323, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
1. ' ABDUL QADEER CHAUDHRY, J.---Leave to appeal is sought against the judgment dated 18-1-1989 of the Lahore High Court, Rawalpindi Bench, Rawalpindi.
2. The facts, in brief, are that it is alleged that on 1-1-1983 the petitioners alongwith the co-accused armed with Sotis, Chhura and .Revolver, attacked Javed Iqbal and Pervaiz Iqbal and caused them injuries with their respective weapons. Javed Iqbal died on 5-1-1983. The learned Sessions Judge convicted the petitioners under Section 302/34 P.P.C. And imposed the sentence of death and fine of Rs,5,000 or in default to suffer R.I. For one year. He also convicted them under Section 323/34 P.P.C. And each of them was sentenced to one year's R.I. The High Court maintained the conviction under Sections 302 and 323 P.P.C. But the sentence of death was altered to that of life imprisonment. The fine in case of Muhammad Iqbal was enhanced to Rs,15,000 and in case of other petitioners, it was reduced to Rs,3,000 each.
2. According to the medical evidence the deceased Javed Iqbal had received one stab wound on the chest and incised scratch on the back of left hand which were caused by sharp-edged weapon.
3. The rest were caused by blunt object. The injured Pervaiz Iqbal received two lacerated wounds and four abrasions, all simple in nature.
4. ' The point for consideration is inter alia whether the element of common intention arises in this case so as to attract the provision of Section 34 P.P.C.
5. ' Leave is granted.