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Petitioner: GHULAM MUHAMMAD VS Respondent: MUHAMMAD ASLAM KHAN and another
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Aslam Riaz Hussain Title: GHULAM MUHAMMAD vs MUHAMMAD ASLAM KHAN and another Case No.: Criminal Petition for Special Leave to Appeal No, 265 of 1979 Date of Judgment:1980-12-14 Reported As: 1984 SCMR 1486 Result: Petition dismissed
Judgment ORDER ' ASLAM RIAZ HUSSAIN, J.-- Muhammad Aslam Khan, petitioner, was tried alongwith Ghulam Rasul and Muhammad Bashir for the murder of Sharif. The trial Court acquitted the two co-accused but convicted Aslam Khan under section 304(1), P.P.C. And sentenced him to 10 years' R.I. He filed an appeal before the High Court which maintained his conviction but reduced his sentence to 7 years' R.I. Ghulam Muhammad has filed the present petition seeking leave to appeal for enhancement of the sentence awarded to Aslam Khan, respondent. ' Aslam Khan, respondent is stated to have committed the murder by firing at Sharif, deceased, with his revolver. In his statement under section 342, Cr.P.C. He admitted having fired at the deceased but gave a different version stating that he had shot only in his self-defence when he was attacked by the complainant party consisting of for persons, including Sharif, deceased, who were armed with Sotis. He stated that Sharif had given him a Sota blow and apprehending danger to his life, he had taken out his revolver and fired at him to save himself. This plea was accepted and that is why he was convicted under section 304(1), P.P.C. Instead of under section 302, P.P.C. The learned counsel for the petitioner submitted that in view of the facts of the case the High Court had erred in reducing the sentence of the respondent. We have carefully considered the facts of the case and feel that the learned High Court was justified in reducing the A sentence, specially in view of the injuries sustained by respondent and also because he had remained in jail for more than two years as an under-trail prisoner. The petition is, therefore, dismissed as having no merit.