ASHIQ HUSSAIN vs THE STATE
This matter arises from a petition for leave to appeal filed by Ashiq Hussain against the dismissal of his appeal by the Lahore High Court, which had upheld his conviction and death sentence under sections 302(b)/34 of the Pakistan Penal Code 1860 for the murder of Ghulam Nabi in F.I.R. No. 94 of 2003 registered at Police Station Seetpur. The core legal question concerns the sustainability of the conviction and death sentence based on night-time occurrence testimony where co-accused faced acquittal or lesser sentences on identical evidence. The Supreme Court granted leave to appeal to reappraise the evidence. The key principle laid down is that the Supreme Court may grant leave to appeal for a reappraisal of evidence when co-accused receive disparate treatment or acquittal on the same evidence in a capital case.
- Whether leave to appeal can be granted to reappraise evidence when co-accused on the same evidence are acquitted or given lesser sentences?
- Does a night-time occurrence in a residential house warrant a reappraisal of eyewitness testimony in a murder case?
- Section 148, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 302(b), Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
' NASIR-UL-MULK, J.---Six persons, Ashiq Hussain, Khaliq, Hamid, Rafi, Nazar Hussain, Allah Wasaya and an unknown person, were nominated for the murder of Ghulam Nabi, in F.I.R No, 94 of 2003, registered at Police Station Seetpur, under sections 148/452/ 302/324/149, P.P.C. Lodged by Khadim Hussain, son of the deceased. The trial Court convicted the petitioner under sections 302(b)/34 with fine and sentenced him to death. The co-accused, Allah Wasaya, was also convicted under section 302(b)/34, P.P.C. And sentenced to imprisonment for life. The other two co-accused, Nazar Hussain and Hamid, were acquitted by the trial Court. Both the convicts filed appeals against their conviction and sentences before the Lahore High Court. Their appeals were dismissed. Ashiq Hussain alone has assailed his conviction and sentence.
2. In view of the arguments of Mr. M. Zanian Bhatti, Advocate Supreme Court appearing for the petitioner, that the occurrence had taken place in the middle of the night in the house of the deceased, when the complainant and other inmates of the house were asleep and that the other co-accused were either acquitted or given lesser punishment on the same evidence. We grant leave to appeal to reappraise the evidence.