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Each Grievous Injury inflicted in a Criminal Act warrants an Independent Punishment --- Lahore High Court Upholds Conviction

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Each Grievous Injury inflicted in a Criminal Act warrants an Independent Punishment --- Lahore High Court Upholds Conviction

Islamabad 26-03-2025: The Lahore High Court, Bahawalpur Bench, has dismissed a Criminal Revision Petition, upholding his conviction and sentences in an attempted murder case. Mr. Justice Anwaarul Haq Pannun delivered the judgment, reinforcing the applicability of multiple punishments under Pakistan’s penal laws for distinct injuries inflicted during the crime.

The main accused and co-accused were charged under Sections 324, 336, and 337-F(v) of the Pakistan Penal Code (PPC) following an incident on November 15, 2011. The Complainant alleged that the accused attacked his brother with a firearm, causing life-altering injuries.

During the trial, medical reports confirmed that the victim suffered severe gunshot wounds, leading to paraplegia, urinary incontinence, and multiple fractures. The trial Court sentenced the main accused to various terms of rigorous imprisonment and monetary penalties, while his co-accused was acquitted by the Appellate Court.

The Petitioner argued that his multiple convictions under different sections of the PPC violated Section 71 PPC, which limits punishment when an offense is made up of multiple sub-offenses. His counsel cited precedent cases supporting a unified punishment for connected offenses.

However, the prosecution contended that Section 337-W PPC expressly allows separate punishments for each distinct injury inflicted, thereby justifying the sentences. The Court held that the Petitioner’s actions caused independent and grievous injuries, warranting individual penalties for each offense.

Mr. Justice Anwaarul Haq Pannun clarified that an attempt to commit murder under Section 324 PPC is a separate offense from causing grievous bodily harm under Sections 336 and 337-F(v) PPC. The Court reaffirmed that when multiple injuries result in distinct incapacitations, each must be punished independently per the legislative framework.

Furthermore, the Court emphasized that Section 71 PPC does not override provisions that explicitly permit multiple punishments, as evident in Section 337-W PPC.

With this ruling, the Lahore High Court upheld the lower Court’s decision, confirming main accused’s multiple sentences and rejecting his plea for relief. The judgment reinforces judicial precedent on the application of distinct penalties for separate injuries inflicted during a single criminal act.

Legal experts believe this decision will have significant implications for future cases involving attempted murder and grievous bodily harm, ensuring that perpetrators are held accountable for each injury they inflict.