SULTAN SIKANDAR and others vs THE STATE
This matter arises from petitions for leave to appeal directed against a judgment of the Lahore High Court, which modified sentences in a criminal case involving charges under sections 323, 324, 326, and 34 of the Pakistan Penal Code. The trial magistrate had convicted the accused petitioners for causing injuries with a sharp-edged weapon, which was partly modified on appeal by the Additional Sessions Judge, and subsequently reviewed by the High Court. The core legal questions pertained to the appreciation of evidence regarding a free fight, the presence of cross-injuries on the accused, and the quantum of sentence for causing grievous hurt versus simple hurt. The Supreme Court held that the High Court rightly appreciated the evidence, noting that the injuries sustained by the accused were minor and superficial, and that the single grievous injury inflicted by the principal accused warranted a reduction in sentence rather than an acquittal or a finding of a free fight. The petitions were accordingly dismissed.
- Whether the High Court was justified in reducing the sentence of the accused under section 326 of the Pakistan Penal Code?
- Does the presence of minor scratches on the accused establish a free fight so as to alter the nature of the offence?
- Whether the sentence of six months' rigorous imprisonment for causing simple hurt with a stick is proper under the circumstances?
- Section 326, Pakistan Penal Code
- Section 34, Pakistan Penal Code
- Section 323, Pakistan Penal Code
- Section 382-B, Code of Criminal Procedure 1898
- Section 324, Pakistan Penal Code
ORDER
1. ' USMAN ALI SHAH, J.--Leave to appeal has been sought by the petitioners in both these petitions against the judgment of the Lahore High Court, Rawalpindi Bench, dated 4-4-1989, wherein, Sultan Sikandar and Sultan Maqsood accused petitioners in Cr. P.LA: No, 87-R/89 were tried by a Magistrate under section 30, Chakwal for causing 10 injuries including one grievous injury with a sharp-edged weapon to Muhammad Safdar complainant/ petitioner in Cr. P.L.A. No, 80-R/89 convicting them under section 326/34, P.P.C. And sentenced each of them to four years' R.I.With fine of Rs,5,000. Each, or in default of payment of fine to suffer further R.I. Each for six months. Half of the fine on realization was ordered to be paid to the injured Safdar, vide order dated 24-3-1987.
2. ' In appeal the learned Additional Sessions Judge, Chakwal maintained the conviction and sentence of Sultan Sikandar under section 326, P.P.C. And modified the conviction of Sultan Maqsood to that of under section 323, P.P.C. And reduced his sentence to six months' R.I. Both the accused petitioners were also given the benefit of section 382-B, Cr.P.C. The revision petition of the complainant party for enhancement of the sentence of both the accused was however, dismissed, vide order dated 4-7-1987. Against the said appellate order both the accused filed Criminal Revision No,88 of 1987 and Muhammad Safdar complainant filed Criminal Revision No,30 of 1988 before the Lahore High Court. Rawalpindi Bench. A learned Single Judge of the High Court who heard both the revision petitions vide his judgment dated 4-4-1989 dismissed the Revision Petition No,30/88 of the complainant in limine and concluded Revision Petition No,88/87 filed by the accused petitioners as under: "The upshot is that the revision petition filed by the convicts against their conviction has no force and is dismissed. Sultan Sikandar petitioner gave a sharp-edged grievous injury to the complainant and did not repeat the same. Thus in the circumstances the sentence of four years'
3. R.I. Seems to be excessive. The same is reduced to two years, R.I. With the fine already imposed. The fine if deposited, shall be paid to Muhammad Safdar complainant as compensation. Sultan Maqsood is also guilty of the offence under section 324/34, P.P.C. But he gave only a simple stick blow to the complainant and thus the sentence awarded to him by the learned appellate Court i,e.
4. Six months, R.I. Seems to be proper."
5. ' We have heard the learned counsel for the petitioners in both the petitions and have gone through the evidence on record. The learned counsel for the petitioners in Cr.P.L.A. No,87-R/89 tried to argue that it was a free fight as admitted by the appellate Court and the accused petitioner No,1 had received injuries in the same fight, in which the complainant took the initiative as he came to the place of occurrence at the late hours of night, which confirms his aggression and no offence under section 326, P.P.C. Was made out. The medical evidence shows that Sultan Sikandar accused petitioner had total six injuries on his person. According to the doctor injuries Nos. 4-6 were no injuries at all, injuries Nos.1-3 were only scratches not caused by stick blow and only injury No,5 was a very simple one. All the injuries were of the duration of 2 to 7 days. This fact finds corroboration from the statements of the complainant and Haji Amir Khan (PW-3) who deposed that no injury was caused to the petitioners during the occurrence. On the other hand Sultan Sikandar accused petitioner has caused one single grievous injury to the complainant Muhammad Safdar with a sharp-edged weapon without repeating such blows with the same weapon. We think that the learned Single Judge of the High Court has rightly appreciated this fact and reduced his sentence to two years, R.I. Maqsood Sikandar accused petitioner No,2 was attributed only stick blows to have delivered to the complainant, therefore the sentence of six months awarded to him under section 324/34, P.P.C. Also seems to be quite in order.
6. ' Under the circumstances and facts of the case we are of the opinion that the findings of the learned High Court in both the matters are in accordance with the safe administration of criminal justice and does not warrant any interference by this Court. The result is that both these petitions having no merit, are dismissed.