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Criminal Petition for Special Leave to Appeal No.187 of 1983, decided on 24th November, 1985.
‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), S. 302/307/149‑‑Appeal against acquittal for enhancement of sentences‑‑Convictions under S.302/307/149, P.P.C. altered and sentences reduced by High Court‑ Leave to appeal granted to consider whether or not incident was result of a sudden fight and if case was not found to be covered by Exception IV to S.300, P.P.C., whether it would be a fit case for enhancement of sentence under S 302, P.P.C.
Mian Sher Alam, Senior Advocate Supreme Court with S. Inayat Hussain, Advocate‑on‑Record for Petitioner.
S. Wajid Hussain, Advocate‑on‑Record for Respondents.
Date of hearing: 24th November, 1985.
‑The six respondents namely Sarfraz, Murid Hussain, Salhoon, Ghulam Haider, Tajamul Hussain and Imtiaz Ahmad were tried for the murder of Muhammad Ashraf and murderous assault on Nazir Ahmad (P.W.9), Munawar Hussain (P.W.12) and Shah Muhammad (P.W.13). The trial Court convicted them as follows:‑
"Life imprisonment plus Rs.10,000 as fine or 3 years' R.I. in case of default of payment of fine plus compensation amounting to Rs.10,000 under section 544‑A or in default 3 years' R.I. to each of the accused under section 302/149, P.P.C. 3 years' R.I. plus Rs.5,000 as fine or in default of payment of fine 6 months' R.I. plus compensation amounting to Rs.5,000 or in default of payment thereof 3 months' R.I. under section 307/149, P.P.C. to each of the accused.
All the sentences were to run concurrently.
2. On appeal, however, the High Court held that the incident was the result of a sudden fight between the parties and that every accused was responsible for his own acts. After considering their cases separately in the light of the above observation and the fact that persons from both sides had sustained injuries, it acquitted Sarfraz and Murid Hussain respondents and altered the conviction of Salhoon and Ghulam Haider respondents to 323 and 324, P.P.C. respectively and reduced their sentences to that already undergone by them. The conviction of Imtiaz respondent who was stated to have fired a shot at the belly of the deceased and killed him was converted from 302, P.P.C. to 304‑I, P.P.C. His sentence was reduced from death to 10 years' R.I. He was also awarded a fine of Rs.5,000 and in default of payment of fine he was ordered to undergo further 1 year's R.I. He was also convicted under section 307, P.P.C. and sentenced to 7 years' R.I. and a fine of Rs.2,000 and six months' further R.I. in default thereof.
As for Tajamul Hussain respondent who was stated to have caused a fire‑arm injury in the chest of Munawar Hussain P.W. causing an exit wound at his back, was sentenced to 7 years' R.I. under section 307, P.P.C. and a fine of Rs.2,000 (six months further R.I. in case of default).
3. Nazir Ahmad complainant (P.W.9) who was uncle of the deceased has filed the present petition against their acquittal and for the enhancement of their sentences.
4. We have heard the learned counsel for the petitioner as well as the respondent caveator and gone through the relevant portions of the impugned judgment with their help. We feel that this is a fit case where the question whether or not the incident was the result of a sudden fight, requires consideration. Moreover, it also needs to be considered that if the case is not found to be covered by Exception IV to section 300, P.P.C., whether it would then be a fit case for enhancement of sentences of the respondents under section 302, P.P.C.
Leave is, therefore, granted for the said purpose. To be heard on the same record with permission to file additional documents.
M.I. Leave granted
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