LIAQAT ALI vs THE STATE
This matter arises from a criminal petition for leave to appeal against the concurrent findings of guilt recorded by the trial court and the High Court. The core legal question concerns the determination of criminal liability where a single fatal injury on the head of the deceased is attributed to multiple nominated accused persons. The Supreme Court of Pakistan held that the lower courts failed to properly examine the question of liability vis-a-vis the single injury, and consequently granted leave to appeal to reappraise the evidence for ascertaining the guilt or otherwise of the petitioner. The key principle laid down is that where multiple accused are charged with a single injury, the courts must carefully evaluate individual criminal liability and evidence before recording a conviction.
- Whether multiple accused can be held liable for a single injury without proper determination of individual criminal liability?
- Can the Supreme Court grant leave to appeal to reappraise evidence in a criminal matter involving concurrent findings of guilt?
ORDER
1. ' MUHAMMAD NAWAZ ABBASI, J.--- After hearing learned counsel for the parties, we find that a single injury sustained by the deceased at right side of the head was attributed to the two nominated accused and the trial Court as well as the High Court without properly attending the question of liability vis-a-vis the injury, held the petitioner guilty. Leave is therefore, granted to reappraise the evidence to ascertain the question of guilt or otherwise of the petitioner. .