FATEH MUHAMMAD vs THE STATE
This criminal petition for leave to appeal challenges a judgment of the Balochistan High Court, which maintained the petitioner's conviction and sentence for the murder of his wife. The petitioner was originally convicted by the Anti-Terrorism Court, Turbat, under Section 302(b) of the Pakistan Penal Code 1860, read with Section 7(a) of the Anti-Terrorism Act 1997, receiving a sentence of life imprisonment and compensation. The core legal question was whether the evidence, specifically the testimony of two eyewitnesses and the forensic report regarding the recovered weapon, sufficiently established the petitioner's guilt. The Supreme Court reviewed the statements of the eyewitnesses and the corroborating medical evidence, finding that the lower courts correctly assessed the material on record. Consequently, the Court dismissed the petition and declined leave to appeal, affirming the conviction while noting the petitioner's entitlement to the benefit of Section 382-B of the Code of Criminal Procedure 1898. The judgment reinforces the principle that concurrent findings of fact by lower courts, supported by consistent eyewitness and forensic evidence, warrant no interference in appellate jurisdiction.
- Is a conviction under the Anti-Terrorism Act 1997 sustainable when eyewitness testimony is corroborated by forensic evidence?
- Does the Supreme Court interfere with concurrent findings of fact by the trial court and the High Court when evidence is consistent?
- Is a convict entitled to the benefit of Section 382-B of the Code of Criminal Procedure 1898 upon the maintenance of a sentence of life imprisonment?
- Section 302(b), Pakistan Penal Code 1860
- Section 7(a), Anti-Terrorism Act 1997
- Section 382-B, Code of Criminal Procedure 1898
ORDER
' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.--- stant petition has been filed against the judgment dated 30th October, 2004 passed by the Balochistan High Court Sibi Bench whereby appeal filed by the petitioner has been dismissed as a result whereof judgment dated 25th September, 2002 passed by the Anti-Terrorism Court, Turbat, awarding conviction/sentence to the petitioner under section 302(b), P.P.C. Read with section 7(a) of A.T.A., 1997, R.I. For life with payment of compensation of Rs,1,50,000 to the L.Rs, of the deceased, was maintained. Stated allegation against the petitioner is that he committed the offence of murder of his wife with a pistol in presence of two witnesses i,e, Ali Hassan (P.W.3) and Mehr (P.W.4). After the registration of F.I.R., one crime-empty and a pistol, used for the commission of offence, recovered from the possession of the accused, were sent to Forensic Science Laboratory, report of which was received in positive as such on completion of trial petitioner was found guilty for the commission of offence. Learned High Court on having examined the case thoroughly concurred with the judgment of learned trial Court, however, observed that petitioner is entitled for the benefit of section 382-B, Cr.P.C.
2. Mr. Tariq Bilal, Advocate Supreme Court appeared on behalf of the State. With the assistance of learned counsel we have gone through the impugned judgment, statements of eye-witnesses and other material available on record. Since both the eye-witnesses have involved the petitioner in the commission of offence and their statements get fully corroborated with the medical evidence, therefore, we are of the opinion that petitioner has rightly been found guilty for the commission of offence, as such no interference is called for in the impugned judgment.
' Petition is dismissed and leave declined.