Pakistan Case LawALLAH DIWAYA alias ALLAH DITTA Versus THE STATE
This matter arises from a petition for leave to appeal filed by Allah Diwaya alias Allah Ditta against the judgment of the High Court, which had altered his conviction under Section 302 of the Pakistan Penal Code 1860 to Section 304, Part I, and reduced his sentence of death to imprisonment for life for causing the death of a deceased person during a free-fight. The core legal question before the Supreme Court was whether the sentence of imprisonment for life awarded by the High Court was excessive under the circumstances of a non-pre-planned free-fight. The Supreme Court converted the petition into an appeal and held that the substantive sentence was indeed excessive given that the incident was a free-fight precipitated by the complainant party. Consequently, the Court reduced the petitioner's substantive sentence to rigorous imprisonment for ten years while maintaining the fine and granting the benefit of Section 382-B of the Code of Criminal Procedure 1898. The key principle laid down is that in cases of sudden free-fights without premeditation, the sentence for culpable homicide not amounting to murder should be adjusted commensurately.
- Whether a sentence of imprisonment for life is excessive in a case of culpable homicide arising out of a sudden free-fight?
- Can the Supreme Court reduce a substantive criminal sentence upon converting a petition for leave into an appeal?
- Is a convict entitled to the benefit of Section 382-B of the Code of Criminal Procedure 1898 upon reduction of sentence?
ORDER
SAAD SAOOD JAN, ACTG. C.J.---The petitioner, Allah Diwaya alias Allah Ditta, was convicted by the Additional Sessions Judge, Dera Ghazi Khan of the offence under section 302, Pakistan Penal Code for causing the death of Mst. Bakhtawar, deceased, and sentenced him to death and payment of fine. Alongwith him eight other persons were tried. Of these, four were acquitted and the other four were convicted of the offences under section 323, read with section 34, Pakistan Penal Code. On appeal and reference the High Court altered the conviction of the petitioner from one under section 302, Pakistan Penal Code to that under section 304, Part I, of the same Code. It reduced his sentence from death to imprisonment for life, maintaining however the sentence of fine. The petitioner seeks leave to appeal from this Court.
2.The occurrence took place on 21-9-1985 at 6-30 p.m. It was alleged that on account, of some pending litigation the petitioner and the co-accused attacked the complainant party, killing the deceased and causing injuries to Ghulam Shabbir P.W. 6 and Haji Muhammad P.W. 7,
3.After re-appraising the evidence, the High Court found that it was a case of free-fight, precipitated by the attempt of the deceased to extend the area in her possession. The fight was not pre-planned. Accordingly, it set aside the conviction of the petitioner under section 302, Pakistan Penal Code and instead convicted him under section 304, Part 1.
4.The learned counsel for the petitioner frankly conceded that he was interested only in the reduction of his sentence. After hearing learned counsel for the State, Khawaja Shaukat Ali, we convert this petition into appeal. After considering the findings of the High Court which have not been challenged before us we are of the opinion that the sentence awarded to the petitioner is excessive. Accordingly, we reduce his substantive sentence to rigorous imprisonment for a period of 10 years. The sentence of fine does not require interference. The petitioner shall be given the benefit of section 382-B, Cr.P.C. In the computation of his substantive sentence. Sentence reduced.
Judges on this bench
- Saad Saood Jan2,559 judgments
- Manzoor Hussain Sial807 judgments