MUHAMMAD IMRAN YOUSAF vs MUHAMMAD AKRAM and others
This petition for leave to appeal challenges a Lahore High Court judgment that acquitted four respondents of charges under Section 324 of the Pakistan Penal Code 1860, reduced the death sentence of one respondent to life imprisonment, and maintained the life imprisonment sentence of another. The petitioner sought enhancement of the sentence for the respondent whose life imprisonment was maintained and challenged the acquittal of the other four respondents. The Supreme Court dismissed the petition regarding the respondent whose sentence was maintained, noting the absence of any revision or appeal for enhancement. Regarding the acquitted respondents, the Court upheld the High Court's decision, finding that no injuries were attributed to them, rendering their conviction under Section 324 unsustainable. However, the Court granted leave to appeal specifically to examine whether the High Court was legally justified in reducing the death sentence of the remaining respondent to life imprisonment. The matter was set for further proceedings with the issuance of bailable warrants.
- Can a sentence be enhanced on appeal if no revision petition or appeal for enhancement was filed against the accused?
- Is a conviction under Section 324 of the Pakistan Penal Code 1860 sustainable where no injury was caused by the accused?
- Under what circumstances is leave to appeal granted to consider the reduction of a death sentence to life imprisonment?
- Section 324, Pakistan Penal Code 1860
ORDER
' MUNIRA. SHEIKH, J.---This petition is directed against the judgment, dated 23-7-2001 of the Lahore High Court, Multan Bench, through which on acceptance of appeal of respondents Nos. 3 to 6, they have been acquitted from the charge and the sentence awarded to them set aside whereas the sentence of death awarded to respondent No,2 has been reduced to life imprisonment and sentence of life imprisonment awarded to respondent No,1 by the trial Court maintained.
2. Learned counsel for the petitioner when questioned admitted that no revision petition or appeal was filed against Muhammad Akram, respondent No,1 for enhancement of his sentence to death, therefore, this petition seeking enhancement of his sentence from life to death is hereby dismissed, for even otherwise, no case has been made out for enhancement of sentence of this respondent.
3. As regards acquittal of respondents Nos.3 to 6, the petitioner has also not satisfied us that the judgment of the High Court is legally not sustainable. No injury whatsoever was caused by them therefore, their conviction and sentence under section 324, P.P.C. Was not sustainable which has rightly been set aside by the High Court, therefore, this petition qua respondents Nos. 3 to 6 is hereby also dismissed.
4. Leave is granted to consider whether the High Court was I justified in reducing the sentence of respondent No,2 Iftikhar Ahmed from death to life imprisonment.
5. Notice. Bailable warrants in the sum of Rs, 100,000 with one surety in the like amount to the satisfaction of the trial Court shall be issued.