MEHRBAN KHAN And Another vs JAVAID KHAN And 2 Other
This matter arises from petitions for leave to appeal directed against a judgment of the Lahore High Court, which had altered the conviction of one accused from section 302 to section 304 Part I of the Pakistan Penal Code 1860 and sentenced him to imprisonment for life, while acquitting the co-accused of double murder charges. The core legal questions involve the correctness of the High Court's reasoning in acquitting one respondent and altering the conviction of the other, and whether proper principles for the safe administration of criminal justice were applied. The Supreme Court granted leave to appeal to both the complainant and the convict to examine these aspects. The Court laid down that leave is warranted to thoroughly review High Court judgments involving acquvitals and the conversion of murder convictions to culpable homicide not amounting to murder.
- Whether the High Court was justified in acquitting a co-accused charged with double murder?
- Did the High Court err in converting the conviction from section 302 to section 304 Part I of the Pakistan Penal Code 1860?
- Were the principles enunciated by superior courts for the safe administration of criminal justice kept in view while convicting under section 304 Part I?
- Section 302, Pakistan Penal Code 1860
- Section 304, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
MUHAMMAD MUNIR KHAN, J.--Criminal Petition for Leave to Appeal No. 124 of 1995 filed by Mehrban Khan petitioner/complainant against Javaid Khan and Bahadur Khan respondents and Jail Petition for Leave to Appeal No. 117 of 1995 filed by Javaid Khan, directed against the judgment dated 24-7-1995 of Lahore High Court, Rawalpindi Bench, Rawalpindi arise from the fact that Javaid Khan, Bahadur Khan -and Muhammad Aslam were tried under section 302/34,.. P.P.C, for the double murder ,of Khurshid Begum and Mst. Nasim Akhtar by Additional Sessions Judge, Rawalpindi, who vide his judgment dated 14-7-1991 acquitted Muhammad Aslam of the charge and convicted Javaid Khan and Bahadur Khan under section 302/34, P.P.C. And sentenced them to death on to counts with fine of Rs.10,000 or in default one year R.I. Each, on' each count. They were also convicted under section 307/34, P.P.C. And sentenced to 4 years' R. Leach and a fine of Rs.2,000 or in default 2 months' R.I. Each. On appeal filed by convicts, the Lahore High Court, Rawalpindi Bench, Rawalpindi, vide impugned order acquitted Bahadur Khan and while converting the conviction of Javaid Khan from section 302, P.P.C, to section 304, Part I. P.P.C, has sentenced him to imprisonment for life.
2. We have heard the learned counsel for the complainant.
3. Leave to appeal is granted to the complainant/petitioner in Criminal Petition for Leave to Appeal No. 124 of 1995 to examine the correctness of the reasons given by the High Court for acquitting Bahadur Khan of the charges and for setting aside the conviction of Javaid Khan under sections 302/34, P.P.C and 307/34, P.P.C. And instead convicting him under section 304, Part 1, P.P.C., Leave to appeal is also granted to Javaid Khan in Jail Petition No. 117 of 1995 to examine whether in convicting the accused under section 304 Part 1, P.P.C, the principles enunciated by the superior Courts for safe administration of justice in criminal cases were kept m view.
Javaid Khan respondent No. l in Criminal Petition for Leave to Appeal 124 of 1995 is already in jail. Let bailable warrants of arrest in the sum r of Rs.20,000 with to sureties in the like amount to the satisfaction of trial Court be issued against Bahadur Khan respondent No.2.