AHMAD BAKHSH vs STATE
This petition is directed against the judgment of the Lahore High Court upholding the petitioner's conviction and sentence under Section 302(b) of the Pakistan Penal Code 1860 for the murder of his sister-in-law, Mst. Shehnaz Bibi, while acquitting co-accused. The core legal question revolves around whether the prosecution successfully proved the charge through cogent evidence, including an extrajudicial confession and recovery of the dead body. The Supreme Court held that the prosecution established its case beyond reasonable doubt through the testimony of the complainant, the voluntary extrajudicial confession regarding strangulation due to suspected bad character, and the recovery of the dead body upon the petitioner's pointation. Consequently, the petition was dismissed and leave to appeal was declined, laying down the principle that concurrent findings based on solid evidence and corroborative extrajudicial confessions will not be disturbed absent illegality or misreading.
- Whether an extrajudicial confession corroborated by the recovery of a dead body on the accused's pointation is sufficient to sustain a conviction for murder?
- Can a conviction under Section 302(b) PPC be maintained when the accused fails to substantiate allegations regarding the bad character of the deceased?
- Whether the Supreme Court will interfere with concurrent findings of the lower courts when no illegality, infirmity, or misreading of evidence is shown?
- Section 302(b), Pakistan Penal Code 1860
- Section 342, Code of Criminal Procedure 1898
ORDER
Abdul Hameed Dogar, J.--This petition is directed against the judgment dated 24.2.2003 passed by learned Judge in Chamber of the Lahore High Court, Lahore whereby Criminal Appeal No, 244-J of 2001 filed by petitioner was dismissed and his conviction and sentence under Section 302(b) PPC to imprisonment for life was maintained whereas co-accused Mst. Sakina and-Mst. Allah Wasai were acquitted from the charges.
2. The background for filing the instant petition is that Mst. Shehnaz Bibi was married to Allah Ditta, brother of petitioner. Allah Ditta used to work in Karachi whereas Shehnaz Bibi used to live in the Abadi of village Machhiana, District Jhang. The case of the prosecution against the petitioner is that FIR No, 96 was lodged on 28.3.1999 with P.S. 18-Hazari, District Jhang, on the statement of Riaz Hussain complainant father of deceased alleging therein that petitioner and acquitted accused Mst. Ghulam Sakina and Mst. Allah Wasai had killed Mst. Shehnaz 4/5 days prior. It was the petitioner, who went to the house of complainant and disclosed that his daughter Mst. Shehnaz had eloped with someone and was missing. On inquiry from the petitioner, he disclosed that he had killed Mst. Shehnaz by strangulation in presence of Muhammad Mumtaz and Nawaz PWs. He further disclosed that since he suspected her character, therefore, he has murdered and buried her. He also pointed out the place of burial and dug out the dead body.
3. On autopsy, lady Dr. Razia Afzal WMO, PW-2, found the following injuries on the body of deceased:-- "1. Tip of the nose was cut.
2. Contused welling in area of 15 x 5 cm present 1 cm above sternal notch.
3. A contusion mark 4 cm x 10 cm on the front of left arm starting from shoulder downward.
4. A contusion marks 38 cm x 12 cm on front of right arm 4 cm below the right shoulder.
5. A contusion mark in front of right side of chest in an area of 15 x20 cm.
6. A contusion marks in an area 6 x 4 cm on the front of left leg, lower part 7 cm below the knee joint.
4. At trial, prosecution examined 08 witnesses in all. Petitioner in his statement under Section 342 Cr.P.C. denied the case and claimed that deceased was a lady of bad character and used to go on her own and return on many occasions. The complainant Riaz Hussain and PWs dug out that place and recovered the dead body of Mst. Shehnaz Bibi on their pointation.
5. We have heard Mr. Riffaq Hussain, learned counsel for the petitioner and Mr. S.M. Siddique Khan, learned ASC for the State and have gone through the record and proceeding of the case in minute particulars. Learned counsel though argued the matter at some length, but could not refer to any illegality, infirmity, misreading or non-appreciation of evidence.
6. The prosecution has successfully proved the case against the petitioner by producing cogent evidence. In this case, prosecution has successfully brought on record the evidence of complainant, the extrajudicial confession, recovery of dead body on the pointation of the petitioner and recovery of string. Riaz Hussain complainant and Mumtaz Nawaz PWs have categorically stated that the petitioner voluntarily confessed to kill the deceased by strangulation because he suspected her to be a lady of bad character. But to substantiate his stance, the petitioner could not even refer to a single person with whom she had earlier eloped or any person from whose custody she was recovered. Accordingly, we do not find any reason to interfere with the impugned judgment.
7. Resultantly, the petition being devoid of force is dismissed and leave declined.