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Criminal Petition for Special Leave to Appeal No. 45‑R of 1984, decided on 8th October, 1985.

(Against the judgment of the Lahore High Court, Rawalpindi Bench, Rawalpindi, dated 17‑4‑1984, in Criminal Appeal No. 291 of 1980).

------Art. 185(3)‑Penal Code (XLV of 1860), S. 302‑Murder‑Sudden fight‑‑Sentence, enhancement of‑Accused brutely attacked deceas ed and killed him over a trivial matter, causing fatal knife injuries on his chest and abdomen and Danda blows on his head and were let off lightly and misplaced leniency shown by Court in awarding minor sentence to assailants‑Leave to appeal granted to consider propriety of enhancement of sentences of accused persons.

Raja Muhammad Akram. Advocate Supreme Court and Muhammad Afzal Siddiqi, Advocate‑on‑Record (absent) for Petitioner.

K. E. Siddiqui, Advocate Supreme Court with Ch. 4khtar Ali, Advocate -on‑Record for Respondents.

Date of hearing : 8th October, 1985.

Muhammad Yasin. Muhammad Sarwar and Muhammad Ayub respondents, were tried for the murder of Ashiq Hussain, in the course of a sudden fight. Muhammad Yasin and Muhammad Sarwar accused/respondents were armed with knives while Muhammad Ayub respondent was armed with a Sota. They inflicted follow ing injuries on the deceased, which resulted in his death :‑

(1) A contused wound, 1 "x 1/4' x scalp deep on the top of the head.

(2) An incised wound. 1' x 1/2" x l" on the left side of the abdomen 4 " from the umbilicus, vertical in direction.

(3) A contused wound, " x " x 1/8" on the left side of the chest on the left nipple.

(4) An incised wound, 1/2" x 1/8" on the left side of chest 2" below injury No. 2.

(5) An incised wound, 1 " x 1" x 1/4" on the left side palm just near the route of thumb, left side.

During the incident the deceased was carrying a stick with which he inflicted the following injuries on Muhammad Yasin accused respondent in self‑defence :‑

(1) Contused wound, 2 " X 1" a bone deep on the top of the head.

(2) A contused wound, 3/4" x 1/8" into scalp deep on the tap ox the head 1 " left to injury No. 1.

(3) An abrasion 2" x " on the upper outer part of the right upper arm.

The respondents were tried and convicted under section 302, P. P. C. and sentenced to imprisonment for life and a fine of Rs. 10,000 each.

2. But on appeal the High Court altered their conviction and reduced their sentences as follows :‑

(a) Conviction of respondents under sections 302/34, P. P. C. set aside.

(b) Muhammad Yasin convicted under section 304, Part I, P. P. C. with benefit of section 382‑B, Cr. P. C. Sentence reduced to 7 years' R. I. Fine Rs. 5,000.

(c) Muhammad Ayyub convicted under section 323, P. P. C. Sentence reduced to already undergone. Fine reduced to Rs. 1,000.

(d) Muhammad Sarwar convicted under section 324, P. P. C. Sentence reduced to imprisonment already undergone. Fine reduced to Rs. 1, 500.

3. Mst. Makhni Bi has applied to this Court for grant of leave with a view to get the sentences of the respondents enhanced.

4. After hearing the learned counsel and going through the impugned judgment we feel that the presence and participation of Muhammad Yasin respondent in the incident cannot be doubted as he himself suffered injuries during the occurrence. But it is possible that both incised injuries to the deceased were caused by Muhammad Yasin but with a view to involve as many persons from the opposite side, as possible the comp lainant falsely attributed one of the incised injuries to Muhammad Sarwar accused. The petition qua him stands dismissed.

Since the deceased had also been caused injuries with a blunt weapon, Muhammad Ayyub respondent who was armed with a sots appears to have been rightly attributed those injuries.

The question, however, is whether the sentences awarded to Muhammad Yasin and Muhammad Ayyub are sufficient to meet the end of justice in the present case.

5. Considering that they brutally attacked the deceased and killed him over a trivial matter, causing the fatal knife injuries on his chest and abdomen and danda blows on his head, it can be validly argued that they have been let off lightly and that the misplaced leniency shown by the, Court in awarding such minor sentences to the assailants in cases of this nature results litigants' getting disallusioned with the Courts with the result that they resort to taking law in their own hands. We, therefore, grant leave in this case to consider the propriety of enhancement of sentences of Muhammad Yasin and Muhammad Ayyub, in the circumstances of this case. Non‑bailable warrants against Muhammad Yasin and bailable warrants against Muhammad Ayyub, respondents, in the sum of Its. 20,000, shall issue to the satisfaction of the trial Court.

M.B.A. Leave granted.

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