QALAB ALI through L.Rs, and others vs SIPAHIA and others
This judgment disposes of two petitions arising from a decision of the Lahore High Court: Criminal Petition No. 1-L of 2002 filed by the complainant challenging the acquittal of Ansar accused-respondent, and Jail Petition No. 4 of 2002 filed by Sipahia convict challenging his conviction and death sentence under Section 302/34, Pakistan Penal Code 1860. The Supreme Court first condoned a 15-day delay in filing the jail petition considering the petitioner was a condemned prisoner. Regarding the acquittal, the court upheld the High Court's finding that the complainant's supplementary statement contained doubtful improvements regarding injuries and that the respondent lacked motive, rendering the acquittal neither perverse nor shocking. Regarding the conviction of Sipahia, the court determined that the ocular evidence was adequately corroborated by medical evidence and the recovery of a blood-stained 'Toka'. Consequently, the Supreme Court found no ground for interference, dismissed both petitions, and refused leave to appeal.
- Can delay in filing a jail petition by a condemned prisoner be condoned in the interest of justice?
- Whether an acquittal based on dishonest improvements in a supplementary statement and lack of motive can be interfered with by the Supreme Court?
- Does the recovery of a blood-stained weapon alongside corroborating medical evidence provide a sound basis to uphold a conviction under Section 302, Pakistan Penal Code 1860?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
' KARAMAT NAZIR BHANDARI, J.--- This judgment will dispose of Criminal Petition No,1-L of 2002 titled Qalab Ali (deceased) through his L.Rs, and others v. Sipahia and others filed by the complainant whereby Ansar-accused-respondent No,2 has been acquitted of the charge under section 302/34, P.P.C. And Jail Petition No,4 of 2002 filed by Sipahia accused convict challenging his conviction on the same charge and imposition of sentence of death. The latter petition is barred by 15 days. The delay is of few days and as the petitioner is condemned prisoner, we condone the same in the interest of justice. Both the petitions are against the judgment dated 20-11-2001 of the Lahore High Court, Lahore, have common facts and involve similar question of law.
2. Ansar, accused-respondent No,2 has been acquitted by the High Court as in the F.I.R. "no allegation was levelled against Ansar appellant to the effect that he too had caused any injury to Sarfraz deceased but subsequently through a supplementary statement Qalab Ali complainant had improved his story by distributing various injuries sustained by the deceased between the two appellants". The High Court found this improvement "to be doubtful and not above board. Even otherwise Ansar appellant had no connection with the motive set up by the prosecution and, thus, his involvement in this case has appeared to us to be a result of exaggeration by the complainant party". We asked the learned counsel for the petitioners to demonstrate that this view is either perverse or shocking. Learned counsel has not been able to pursuade us that the reasoning of the High Court is incorrect, muchless perverse or shocking. Criminal Petition No,1-L of 2002 filed by the complainant is hereby dismissed.
3. As regards Jail Petition No,4 of 2002 and the case of the condemned accused-Sipahia is concerned, with the assistance of learned counsel for the complainant, we have examined the record and has scrutinized the impugned judgment. The High Court has concluded that recovery of blood-stained "Toka" from Sipahia furnishes corroboration to the ocular account. Similarly, the medical evidence was found to support the claim of the eye-witnesses. We are satisfied that the conviction and sentence of Sipahia petitioner rest on sound footing. No interference is called for.
Resultantly, this petition is also dismissed.
4. Both these petitions are hereby dismissed and leave to appeal is refused.
Cited by 5 cases
- Muhammad Rehan vs The State 2022 YLR 2163
- Imtiaz Ahmad and another vs The State and others 2022 MLD 663, PLJ 2022 Cr.C. 337, 2022 KLR Criminal Cases 297
- Muhammad Arshad Nadeem vs The State 2021 SCP 346, 2021 PSC (Crl.) 964
- MUHAMMAD ARSHAD NADEEM Versus State 2021 PLD 927
- QUDRAT SHER and another vs Mst. MUMTAZA and another 2016 YLR 787