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ZEESHAN SHANI versus THE STATE

Sections 302 (b) and 302 (c) at force MAMD - Validation of evidence ??? Punishment under section 302 (b) v. Reduction in punishment, PPC awarded one under Section 302 (c), PPC. changed. As a result, the suspect forcefully threw a stick at the victim's head - such FC accusation was mentioned by the victim himself in his report to the police - the accused did not understand the murder earlier nor did he Can complain ever since the complainant was from the party unknowingly arrived at his house - the accused struck only one blow with a straight stick and no weapon. - The accused had struck the deceased with a single blow with a stick in the heat of advance and free fighting. In such cases, his case will come under section 302, PPC clause (c). The offense of the accused, listed under Section 2 (b (b)), was changed to PPC under section 2302 (c), PPC, and as a result, reduced his life sentence to ten. Years were imprisoned, [pp 1 69, 173] A, E and F

P L D 2017 Supreme Court 165

Present: Ejaz Afzal Khan and Qazi Faez Isa, JJ 

ZEESHAN Shani—Appellant

versus

THE STATE—Respondent

Criminal Appeal No.463 of 2014, decided on 15th March, 2016.

(On appeal from the judgment dated 3-10-2013 passed by the Lahore High Court, Rawalpindi Bench, Rawalpindi in Crl.A.No.679 of 2010).

(a) Penal Code (XLV of I860)—

Ss. 302(b) & 302(c)—Qatl-i-amd—Reappraisal of evidence— Sentence, reduction in—Conviction under S.302(b), P.P.C. altered to one under S. 302(c), P.P.C.—Evidence revealed that a fight had ensued during which the accused swung a stick with force that landed on the head of the deceased—Such fcxct had been mentioned by deceased himself in his report to the police—Accused did not premeditate the killing, nor could he have since the complainant party had arrived unannounced at his house—Accused struck only a single blow with a simple stick and not with any weapon—Accused, without premeditation and in the heat of a free fight had struck the deceased with a single blow of a stick—In such circumstances his case would come within clause (c) of S. 302, P.P.C.—Conviction of accused recorded under S.302(b), P.P.C. was altered to one under S.302(c), P.P.C. and, consequently, his sentence of life imprisonment was reduced to ten years rigorous imprisonment, [pp. 169, 173] A, E & F 

Piran Ditta v. State 1993"SCMR 1934; Ali Muhammad v. Ali Muhammad PLD 1996 SC 274; Zahid Rehman v. State PLD 2015 SC 77 and Muhammad Saleem v. State 2007 SCMR 1896 ref.

(b) Penal Code (XLV of I860)—

—Ss. 302 & 337-A(i)—Qatl-i-amd, shujjah-i-khafifah—Reappraisal of evidence—Death occurring few days after the injury—Contentions of accused were that he had only caused a single injury on the head of the deceased; that the deceased was fine thereafter and went to the doctor himself; that all of a sudden three days after the injury, the deceased expired; that in such circumstances accused could only be liable for offence of shujjah-i-khafifah, and not qatl-i-amd—Validity—Accused &uve a blow with a stick with considerable force, fractured deceased*s skull, which eventually resulted in his death—Fact that death did not occur instantaneously or even the same day would not detract from the nature of the offence—Post-mortem report identified only one injury on the deceased, which was caused by the accused, therefore, merely because deceased did not die instantaneously or within hours of receiving the blow would not exonerate the accused from causing his resultant death—Had the deceased not expired the accused would have been liable for one of the shujjah offences, however, the blow resulted in his death, consequently, it attracted S. 302, P.P.C.—Appeal was dismissed accordingly. [p. 170] B & C

(c) Penal Code (XLV of 1860) —

—Ss. 300, Exceptions & 304 (erstwhile) & 302(c)—Cases covered by the Exceptions in the old S.300, P.P.C. and the old S. 304, P.P.C. were to be dealt with under clause (c) of the S. 302, P.P.C. [p. 172] D

Piran Ditta v. State 1993 SCMR 1934; Ali Muhammad v. Ali Muhammad PLD 1996 SC 274 ref.

Arshad Ali Chaudhry, Advocate Supreme Court for Appellant.

Ch. Muhammad Sarwar Sidhu, Additional Prosecutor General Punjab for the State.

Date of hearing: 10th March, 2016.

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