ALLAH DITTA WADDANI vs MUHAMMAD NAWAZ and others
This criminal petition arises out of an impugned judgment passed by the High Court whereby respondent Muhammad Nawaz was acquitted of murder charges and the murder reference for confirmation of his death sentence was answered in the negative, while the conviction and sentence of respondent Abdul Karim under section 302(b) of the Pakistan Penal Code 1860 was converted to section 302(c) and reduced to 10 years' rigorous imprisonment. The core legal question concerns the reassessment of prosecution evidence, the credibility of ocular and medical accounts regarding injuries sustained by the accused at the time of arrest, and the validity of a plea of grave and sudden provocation under 'Ghairat'. The Supreme Court granted leave to appeal to re-evaluate the evidence, holding that the High Court's findings regarding the accused's injuries and the plea of provocation require further consideration. Consequently, the Court granted bail to the re-arrested respondent pending appeal and ordered the issuance of bailable warrants to secure the attendance of the other respondent.
- Whether the High Court was justified in disbelieving eye-witnesses and medical evidence based on injuries found on the accused at the time of arrest?
- Can a plea of murder on account of 'Ghairat' be accepted when evidence establishes that the victims were lawfully married?
- Whether leave to appeal should be granted for re-evaluation of prosecution evidence in a murder case?
- Section 302(b), Pakistan Penal Code 1860
- Section 302(c), Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
- Section 342, Code of Criminal Procedure 1898
' IFTIKHAR MUHAMMAD CHAUDHRY, J.--- We have heard learned counsel for the parties and also gone through the impugned judgment passed by learned High Court in pursuance whereof respondent, Muhammad Nawaz son of Tan Muhammad has been acquitted of the charge of murder of Mst. Kalsoom Mai and Kattu Khan as a result whereof Murder Reference No,314 of 2000 submitted by learned Additional Sessions Judge, Dera Ghazi Khan for the confirmation of sentence of death was answered in negative . Whereas conviction and sentence awarded to respondent, Abdul Karim by learned trial Court under section 302(b), P.P.C. Was converted to section 302(c), P.P.C. And he was sentenced to undergo 10 years' R.I.On each count with the benefit of section 382- B, Cr.P.C. He was undergone the sentence, as per information conveyed by petitioner's counsel.
2. Learned High Court, on accepting the plea of respondent, Muhammad Nawaz, that he was not present at the time of incident, disbelieved the eye-witnesses as well as medical evidence on the ground that he had received injuries with blunt weapon. In our opinion, notwithstanding, the fact whether the injuries were with blunt or sharp weapon, the fact remains that he was found injured on the date of arrest i.e, 28-4-1999, therefore, Dr. Khalid Naveed, P.W.7 examined him on 29-4-1999 and noticed following injuries on his person.
"On examination an oblique transverse lacerated wound of 5 c.m. x 5 c.m. With ill defined irregular margin and the wound was already dressed with A.S.D. The wound was skin deep and muscle deep situated on left upper leg below knee joint. The wound was kept under observation. The injury was caused by blunt weapon."
3. Similarly, we are of the opinion that plea taken by Abdul Karim for causing the murders of Mst.
Kalsoom Mai and Kattu Khan, on account of "Ghairat" because as per his statement under section 342, Cr.P.C. He had seen them in a compromising position is, prima facie, not acceptable as evidence is available on record that they were husband and wife as their Nikah took place a few days before the happening of the incident. Thus, this aspect of the case also requires further consideration.
4. For the foregoing reasons as well re-evaluate the prosecution evidence, leave to appeal is granted in the interest of justice.
5. Muhammad Nawaz, respondent was released from custody after his acquittal by the learned High Court and now he has been arrested and produced before us, therefore, pending decision of the appeal, arising out of this petition, he is ordered to be released on bail, subject to furnishing bail bond in the sum of Rs,1,00,000 with two sureties and P.R. Bond in the like amount to the satisfaction of Additional Sessions Judge, Dera Ghazi Khan. Bailable warrants in the sum of Rs,50,000 to procure attendance of respondent, Abdul Karim be issued, returnable to the Registrar of this Court.