Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUHAMMAD ZAFAR VS Respondent: SAKHI MUHAMMAD
1988 S C M R 56
1988 S C M R 56
Present: Shafiur Rahman, Javid Iqbal and Saad Saood Jan, JJ
MUHAMMAD ZAFAR--Petitioner
versus
SAKHI MUHAMMAD and 5 others--Respondents
Criminal Petition for Leave to Appeal No. 145 of 1982, decided on 3rd August, 1987.
(On appeal from the judgment and order of the Lahore High Court, Multan Bench, Multan, dated 20th March, 1982 in Criminal Revision No.197 of 1981) .
Penal Code ( XLV of 1860)
--Ss. 307, 323, 326, 148 & 149--Criminal Procedure Code (V of 1898), S. 439--Constitution of Pakistan (1973), Art. 185 (3)--Petition against acquittal and reduction in sentence--High Court in revision, after proper appraisal of evidence arriving at conclusion that both parties being closely related to each other, per chance happened to clash in order to measure their strength and thus a free fight took place between them and on basis of this finding held each member of accused party responsible for his individual act--Not being a fit case for interference, leave to appeal was refused.
Waheeduddin Virk, Senior Advocate Supreme Court, instructed by Sh. Abdul Karim, Advocate-on-Record (since dead) for Petitioner.
Muhammad Asghar, Advocate Supreme Court, instructed by Ejaz Ahmad Khan, Advocate-on-Record for State.
Nemo for Respondents Nos. 1 to 5.
Date of hearing: 3rd August, 1987.
ORDER
JAVID IQBAL, J.--This petition for leave to appeal has been filed by Muhammad Zafar complainant-petitioner and is directed against the judgment of the Lahore High Court Lahore, Multan Bench, Multan, dated 20th March, 1982.
Briefly the facts are that Sakhi Muhammad, Khushi Muhammad, Wali Muhammad, Yaseen and Ramzan respondents were tried for offences under section 307/326/148/149, P.P.C. and vide judgment of the trial Court dated 7th September, 1981 all of them were convicted under section 307/149, P.P.C. and each of them was sentenced to four years' R.I. They were also convicted under section 326/149, P.P.C. and each of them was sentenced to four years' R.I. They were likewise convicted under section 148, P.P.C. and each of them was sentenced to one year's R.I. A fine was also imposed on each of them. The Sessions Court maintained their convictions and sentences in appeal. In revision before the High Court the conviction of Khushi Muhammad, Wali Muhammad and Ramzan respondents was altered to section 323, P.P.C. and their sentences were reduced to that which they had already undergone. Yaseen respondent was convicted under section 326, P.P.C. and sentenced to 3 years' R.I. plus fine and Sakhi Muhammad respondent was given the benefit of doubt and acquitted.
Learned counsel for the petitioner attempted to argue that the complainant and the accused parties were closely related to one another. The motive was that the accused party had been charged with theft by a Punchayat and that they admitted the theft and promised to return the stolen property. Learned counsel submitted that the accused party came to get the stolen articles and were the aggressors. Consequently there was no justification on the part of the learned Single Judge of the Lahore High Court, Multan Bench, Multan to have altered their conviction and reduced their sentences. The learned Single Judge after proper appraisal of evidence arrived at the conclusion that both the parties being closely related to each other, per chance happened to clash in order to measure their strength, and thus a free fight took place between them. It was on the basis of this finding that each of the members of the accused party was held responsible for his individual act.
We have heard learned counsel at some length but in our view it is not a fit case for interference. The petition is therefore dismissed.
M.I. /M-222/S Petition dismissed.