Case Details

Citation(s)
1970 SLG 3159 1970 SLD 3159 = 1970 PCRLJ 796
Supreme Court of Pakistan
Petitions for Special Leave to Appeal Nos. 134 and 142 of 1969, decided on 8th December 1969.
Presented By: Hamoodur Rahman, C. J., Muhammad Yaqub Ali and Wahiduddin Ahmad, JJ
Raja Said Akbar Khan, Advocate-General West Pakistan (Saeedur Rahman Khan, Advocate Supreme Court with him) instructed by Ijaz Ali Sheikh, Advocate-on-Record for the State. Masood Akhtar, Advocate Supreme Court for Petitioners.

THE STATE-Petitioner

VERSUS

ABDUR RAHMAN AND 3 OTHERS-Respondents P. S. L. A. No. 142 of 1969 ABDUR RAHMAN AND 3 OTHERS-Petitioners Versus THE STATE-Respondent'

Law: Penal Code (XLV of 1860)

Section: 302, 304

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 12th March 1969, in Criminal Appeal No. 669 of 1968). Penal Code (XLV of 1860), -Ss. 302 & 304, Part H-Large number of injuries on deceased disclosing sustained beating-Special Leave to Appeal granted by Supreme Court to consider whether High Court was justified in converting sentence under S.,3W to one under S. 304, Part R. Date of hearing: 8th December 1969.   ORDER MUHAMMAD YAQUB ALI, J.-The four respondents were found guilty of the murder of one Muhammad Shafi and sentenced each by the Sessions Judge, Lyallpur, to death. On appeal and reference the learned Judges in the High Court affirmed the finding that the respondents were responsible for causing a large number of injuries to Muhammad Shafi which resulted in his death, but in the view that they could only be credited with the knowledge that the injuries caused by them were likely to cause death converted their convictions to section 304, Part II, P. P. C. and awarded them sentence of 8 years' rigorous imprisonment each. The State has applied for leave to appeal on the ground that in view of the large number of injures of which some were inflicted on vital parts of the…
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