Pakistan Case LawGHULAM MUHAMMAD Versus THE STATE
This matter arises from a petition for leave to appeal filed by the petitioner, Ghulam Muhammad, who along with two co-accused was initially convicted under Section 302/34 of the Pakistan Penal Code 1860, receiving a death sentence and fines by the trial court. Upon appeal, the High Court acquitted the co-accused and converted the petitioner's conviction under Section 302 into Section 304, Part I, Pakistan Penal Code 1860, sentencing him to imprisonment for life while maintaining fines and compensation under Section 544-A of the Code of Criminal Procedure 1898. The petitioner sought leave to appeal before the Supreme Court of Pakistan, challenging the lower courts' findings on the appreciation of evidence. The Supreme Court declined to interfere with the concurrent findings regarding the petitioner's guilt, holding that the lower courts had thoroughly evaluated the prosecution evidence. However, the Court granted leave to appeal to consider whether the maximum sentence of imprisonment for life under Section 304, Part I, Pakistan Penal Code 1860 was warranted under the circumstances of the case.
- Whether the conviction under Section 302 of the Pakistan Penal Code 1860 can be converted to Section 304, Part I upon appeal?
- Is it a fit case for imposing the maximum sentence of imprisonment for life under Section 304, Part I of the Pakistan Penal Code 1860?
- Whether the Supreme Court will interfere with concurrent findings of fact by the lower courts regarding the guilt of the accused?
ORDER
AJMAL MIAN, J.---The petitioner alongwith two co-accused was convicted under section 302/34, P.P.C. By the learned Additional Sessions Judge, Multan. The petitioner was awarded death sentence and a fine of Rs,15,000 and in default of payment of fine to undergo two years' R.I., whereas the other two co-accused were awarded life imprisonment plus fine of Rs,10,000 each and in default whereof to undergo further R.I. Of two years each. All the three accused were also directed to pay compensation of Rs,10,000 each under section 544-A, Cr.P.C. To the legal heirs of the deceased Muhammad Rafique. Upon appeal, the other two co-accused Muhammad Ashiq and Allah Ditta were acquitted, whereas the petitioner's conviction from section 302, P.P.C. Was converted into 304, Part I, P.P.C. And was awarded imprisonment for fife and the amounts of fine and compensation were maintained. The petitioner has, therefore, filed present petition for leave to appeal.
2.In support of the above petition Mr. S.M. Tayyab, learned AOR; appearing for the petitioner, 'has vehemently contended that the two Courts below erred in holding that the offence against the petitioner was proved beyond reasonable doubt.
We are not impressed by the above submission as the trial Court as well as the High Court have thoroughly dealt with the evidence produced by the prosecution.
3.The conclusion as to the guilt of the petitioner is sustainable, however, we are inclined to grant leave to consider, whether it was a fit case for imposing maximum sentence of imprisonment for life under section 304, Part I.
Leave is accordingly granted.
Judges on this bench
- Ajmal Mian2,984 judgments
- Wali Muhammad Khan585 judgments