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Petitioner: Mst. ZOHRA KHATOON VS Respondent: MEHR KHAN and others
Court Name: Supreme Court of Pakistan Judge(s):Ghulam Mujaddid Mirza, Muhammad Haleem, Shafi-ur-Rehman, Syed
Usman Ali Shah Title: Mst. ZOHRA KHATOON vs MEHR KHAN and others Case No.: Criminal Petition No,57-R of 1987 Date of Judgment:1989-03-20 Reported As: 1989 SCMR 1493 Result: Petition dismissed Judgment ORDER ' MUHAMMAD HALEEM, C.J.--By this petition, the petitioner seeks the reversal of conviction of the respondents from section 325, P.P.C. Read with section 34, P.P.C. To section 302, P.P.C. Read with section 34, P.P.C. ' In paragraph 14 of the judgment, the High Court has held that the parties were asserting their right as to which part of land was covered by the gift deed/sale-deed, and, therefore, in the assertion of their right, the deceased, his father Fazal Hussain Shah and his uncle Mehboob Shah went to assert their right of ownership in the land by ploughing it which was resisted by the respondents who were armed with sticks and iron pipe, and in that transaction the deceased, except for one injury which proved fatal, received other injuries which were simple. Mehboob Shah also received simple injuries with blunt weapons. Fazal Hussain Shah had also suffered similar injuries with blunt weapons. Since there was no premeditation and the respondents had only resisted the ploughing of the field which if the complainant party had not insisted upon would not have resulted in the transaction. The High Court was justified in holding that there was no intention on their part to kill the deceased. Having reached this conclusion, the High Court gave the benefit of it to the respondents and altered their conviction from the capital charge to one under section 325, P.P.C. Read with section 34, P.P.C. ' In this view, of the matter, we do not find any legal error in the conclusion drawn upon the appraisal of the evidence and the alteration of the sentence. ' The petition is thus without merit and is dismissed.