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Petitioner: THE STATE ABDUR RAHMAN AND 3 Others VS Respondent: ABDUR RAHMAN AND 3 Other THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman, Muhammad Yaqub Ali Khan Title:THE STATE ABDUR RAHMAN AND 3 Others vs ABDUR RAHMAN AND 3 Other THE
STATE Case No.:Criminal Appeal No. 669 of 1968 Petitions for Special Leave to Appeal Nos. 134 and 142 of 1969 P. S. L. A. No. 142 of 1969 P. S. L. A. No. 134 of 1969 P. S. L. A. No. 142 of 1969 P. S. L. A. No. 134 of 1969 Date of Judgment:1969-12-08 Reported As: 1970 SCMR 343 Result: Leave granted Judgment 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 11, 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 injuries of which some were inflicted on vital parts of the deceased and were grievous in nature more particularly injury No. 11 which was sufficient in ordinary course to cause death, the offence committed by the respondents fell under section 302, P. P. C. The injuries found on the person of the deceased disclose long and sustained beating which inter alia resulted in fracture or the 10th and 11 rib and injury to pleura and left lung. It, there fore, require consideration whether the 'offence committed by the respondents does not attract clauses 2ndly and 3rdly of section 300, P. P. C. Leave to appeal is granted. Non-bailable ' warrants for the arrest of the respondents to issue.th