ZULFIQAR vs MAZHAR and others
The petitioner, Zulfiqar, sought leave to appeal against a Lahore High Court order that upheld the conviction of the respondent, Mazhar, for culpable homicide not amounting to murder under Section 304, Part I, Pakistan Penal Code 1860, while reducing his sentence from life imprisonment to ten years rigorous imprisonment. The trial court had originally convicted the respondent under Section 304, Pakistan Penal Code 1860, for the death of Haq Nawaz, following a scuffle. The petitioner challenged the High Court's decision, arguing that the respondent's actions, specifically firing at close range, demonstrated a clear intention to kill, warranting a conviction under Section 302, Pakistan Penal Code 1860, and a death sentence. Furthermore, the petitioner contended that the High Court failed to provide adequate reasoning for the reduction of the sentence. The Supreme Court found that the contentions raised regarding the nature of the offense and the unexplained reduction of the sentence required further consideration. Consequently, the Court granted leave to appeal against the respondent and issued non-bailable warrants for his arrest.
- Whether the High Court is required to provide reasons when reducing a sentence of life imprisonment to a term of years?
- Does firing at close range with a firearm necessarily establish an intention to commit murder under Section 302 of the Pakistan Penal Code 1860?
- Can a conviction under Section 304 of the Pakistan Penal Code 1860 be challenged on the basis that the evidence proved an intention to kill under Section 302 of the Pakistan Penal Code 1860?
- Section 148, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
- Section 304, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
ORDER
1. ' ABDUL SHAKURUL SALAM, J.---Mazhar, respondent No, 1, alongwith his three brothers and father was tried under sections 148, 302/149 and 307/149, P.P.C. By the learned Sessions Judge, Jhang who vide order dated 11-1-1984 found that there was a scuffle between the accused and the complainant party, in which Mazhar, respondent No, 1, fired at Haq Nawaz resulting in the latter's death. The former was found guilty of culpable homicide not amounting to murder under section 304, P.P.C. And was sentenced to life imprisonment and fine of Rs, 10,000 or three years rigorous imprisonment in default thereof. The amount of fine if realised was to be paid to the heirs of the deceased as compensation under section 382-B, Cr.P.C. The three brothers and father were acquitted.
2. ' The convict Mazhar filed Criminal Appeal No, 196 of 1984. The complainant Zulfiqar, the petitioner, filed Criminal Revision Petition No, 258 of 1984 against acquittal of the accused. These were taken up together by a learned Single Judge of the Lahore High Court, Lahore who vide order dated 29-4- 1987 upheld the conviction of Mazhar under section 304, Part I, P.P.C. But the sentence of imprisonment was reduced from imprisonment for life to rigorous imprisonment for 10 years. Fine of Rs, 10,000 was maintained, but in default, rigorous imprisonment was reduced from three years to two years. The benefit of section 382-B, Cr.P.C. Was upheld. The appeal was thus disposed of.
3. Criminal revision against acquittal was, however, dismissed. This is vide order dated 29-4-1987.
4. ' The complainant has come up seeking leave to appeal against the aforesaid order of the learned High Court.
5. ' The learned counsel for the petitioner did not press the petition as against the acquitted accused viz. Respondents 2 to 5. Petition against them is, therefore, dismissed.
6. As regards Mazhar, respondent No, 1, the contention of the learned counsel for the petitioner is that the respondent fired straight at close range on the deceased causing the following injuries: "(1) A firearm wound of entrance oval in shape, 7 cm x 6 cm x unprobed on front of right abdomen (right hygochondrum) with intestine coming out of the wound.
(2) A firearm wound 4 x 4 cm into bone deep on back of left hand at the base of left index finger with crushing of soft issue and bone. Wound of entry and exit cannot be distinguished.
(3) A firearm wound with blackening of margins 3 x 5 cm x skin deep in front of left upper arm near elbow."
7. The intention to kill was obvious. He should have been found guilty under section 302, P.P.C. And awarded normal sentence of death. In any case, the sentence of life imprisonment awarded to the respondent by the learned trial Court has been reduced to 10 years, without giving any reason whatsoever.
8. ' Contentions raised require consideration. Leave is granted as against Mazhar son of Chiragh respondent No,
1. Non-bailable warrants to issue against him.
9. ' Leave to .