MUHAMMAD ALI alias MAMMO vs THE STATE
Muhammad Ali alias Mammo sought leave to appeal against the judgment dated 19-4-2006 passed by the Lahore High Court, whereby his conviction under sections 302(b)/149 of the Pakistan Penal Code 1860 and sentence of death were confirmed. The case stems from F.I.R. No. 338 dated 17-9-1997 registered at Police Station Saddar Renala Khurd, District Okara, regarding the murder of Ghazi Khan. Five assailants were initially charged with specific roles in pulling the deceased from a vehicle and killing him. The core legal question before the Supreme Court was whether the evidence against the petitioner was properly appreciated, particularly given that the four co-accused facing the same evidence were acquitted while the petitioner alone was convicted. The Supreme Court held that the evidence on record warranted a thorough reappraisal to ensure it met the established principles of criminal jurisprudence. Consequently, the Court granted leave to appeal to reappraise the evidence, laying down the principle that the courts must closely scrutinize cases where co-accused are acquitted on identical evidence to prevent a miscarriage of justice against a solitary convicted person.
- Whether leave to appeal should be granted to reappraise evidence when co-accused on the same evidence have been acquitted?
- Can a conviction be sustained when other accused assigned similar roles are acquitted on identical evidence?
- What are the principles for the appreciation of evidence in criminal cases involving conflicting judicial outcomes among co-accused?
- Section 302(b), Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
' SARDAR MUHAMMAD RAZA KHAN, J.---Muhammad Ali son of Allah Yar through this jail petition seeks leave to appeal from the judgment dated 19-4-2006, whereby, his conviction under sections 302(b)/149, P.P.C. And sentence of death stood confirmed.
2. It refers to F.I.R. No,338 dated 17-9-1997 of Police Station Saddar Renala Khurd District Okara, lodged by one Amjad Ali whose father Ghazi Khan got murdered during the transaction. To be very brief, the complainant party on the relevant day was going to city in a Toyota Hiace Pick-up No,BHA-314 when at 9-15 a.m. It was stopped by Muhammad Nawaz who, along with his companions Noor, Riaz, Akram and Muhammad Ali (the present petitioner), forcibly pulled Ghazi Khan down from the vehicle and killed him.
3. Each of the five assailants have been attributed distinct and specific role of causing different injuries on the person of the deceased. Included therein and placed in sequential narration, is the role attributed to the petitioner Muhammad Ali alias Mammo. In the given circumstances, it needs to be thoroughly scrutinized as to how the A remaining four accused on the basis of same evidence got acquitted while the only one to be convicted was the petitioner. The evidence in this behalf needs to be reappraised, lest it might have fallen short of principles laid down for the appreciation of evidence in criminal justice. Leave to appeal is accordingly granted, inter alia, to reappraise the evidence on record.