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Petitions for Special Leave to Appeal Nos. 134 and 142 of 1969, decided on 8th December 1969.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 12th March 1969, in Criminal Appeal No. 669 of 1968).
Ss. 302 & 304, Part II‑Large number of injuries on deceased disclosing sustained beating‑Special Leave to Appeal granted by Supreme Court to consider whether High Court was justified in converting sentence under S. 302 to S. 304, Part II.
P. S. L. A. No. 134 of 1969
Raja Said Akbar Khan, Advocate‑General West Pakistan (Saeedur Rahman Khan, Advocate Supreme Court with him) instructed by Ijaz Ali Sheikh, Advocate‑on‑Record for the State.
P. S. L. A. No. 142 of 1969
Masood Akhtar, Advocate Supreme Court for Petitioners.
Date of hearing : 8th December 1969.
‑The four respondents were found guilty of the murder of one Muhammad Shafi and sentenced each by the Sessions Judge, Lyallpur, to death. On appeal and reference the learned Judges in the High Court affirmed the finding that the respondents were responsible for causing a large number of injuries to Muhammad Shafi which resulted in his death, but in the view that they could only be credited with the knowledge that the injuries caused by them were likely to cause death converted their convictions to section 304, Part 11, P. P. C. and awarded them sentence of 8 years' rigorous imprisonment each.
The State has applied for leave to appeal on the ground that in view of the large number of injuries of which some were inflicted on vital parts of the deceased and were grievous in nature more particularly injury No. 11 which was sufficient in ordinary course to cause death, the offence committed by the respondents fell under section 302, P. P. C.
The injuries found on the person of the deceased disclose long and sustained beating which inter alia resulted in fracture or the 10th and 11th rib and injury to pleura and left lung. It, there fore, require consideration whether the 'offence committed by the respondents does not attract clauses 2ndly and 3rdly of section 300, P. P. C. Leave to appeal is granted. Non‑bailable ' warrants for the arrest of the respondents to issue.
Leave granted.
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