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Petitioner: ALLAH BAKHSH VS Respondent: MUHAMMAD AFZAL
1988 S C M R 144
1988 S C M R 144
Present: Nasim Hasan Shah, S. A. Nusrat and Ali Hussain Qazilbash, JJ
ALLAH BAKHSH--Petitioner
versus
MUHAMMAD AFZAL and another--Respondents
Criminal Petitions Nos. 167 and 181 of 1984, decided on 11th November, 1987.
(On appeal from the judgment dated 26-2-1984 of the Lahore High Court in Criminal Appeal No. 1180 of 1980) .
Penal Code (XLV of 1860)--
---Ss. 302 & 304, Part I--Constitution of Pakistan (1973), Art.185(3)-Trial Court convicting and sentencing accused-petitioner to death, under S. 302, Penal Code--High Court, on appeal and reference converting accused's conviction to one under S. 304, Part I Penal Code and sentencing him to imprisonment for life--Accused in his petition for leave to appeal challenging his conviction and sentence while deceased's father moving petition for altering his conviction to one under S. 302 and restoring his death sentence--Order of Trial Court convicting accused under S. 302, Penal Code found to be correct but sentence of imprisonment for life, even for said offence was appropriate sentence--High Court also having imposed sentence of life imprisonment while convicting accused under S. 304, Part I, Penal Code, no miscarriage of justice, held, had resulted by such conviction--Petitions dismissed.
M.B. Zaman, Senior Advocate Supreme Court and Ijaz Ali Sheikh, Advocate-on-Record for Petitioner (in Criminal Petition No. 167 of 1984).
Raja Muhammad Sabir, Advocate Supreme Court and M. Aslam Ch., Advocate-on-Record for Petitioner (in Criminal Petition No. 181 of 1984).
Nemo for Respondents (in both Petitions).
Date of hearing: 11th November, 1987.
ORDER
NASIM HASAN SHAH, J.-- Muhammad Afzal (petitioner in Cr.P.No. 181/84) attacked Abdul Basit with a Wahola and caused his death. The learned trial Court convicted Muhammad Afzal under section 302, P.P.C. and sentenced him to death. On appeal and reference, the High Court converted his conviction to one under section 304-I, P.P.C. and sentenced him to imprisonment for life.
The petitioner has challenged his conviction and sentence by filing a petition for leave to appeal (Cr.P.No.181/84) in this Court, while the father of the deceased, Allah Bakhsh, has moved a petition (Cr.P.No. 167/84) for altering his conviction to one under section 302, P.P.C. and restoring the death sentence passed upon him by the learned ttial Court.
We have heard Raja Muhammad Sabir, learned counsel for Muhammad Afzal (petitioner) and Mr. M.B. Zaman, learned counsel for the father of-the deceased.
We think that the order of the learned trial Court convicting) the petitioner, Muhammad Afzal, under section 302, P.P.C. was correct, but the sentence of imprisonment for life, even for the said offence, was the appropriate sentence. As the High Court has also imposed the sentence of life imprisonment while convicting him under section 304 (Part-I), P.P.C., no miscarriage of justice has, in effect, resulted by this erroneous conviction.
In the result, both the petitions stand dismissed.
S.Q./A-123/S Petitions dismissed.