FIDA HUSSAIN vs THE STATE
The petitioner filed a petition for leave to appeal against a judgment of the Lahore High Court, Bahawalpur Bench, which had upheld his conviction and sentence of death under Section 302(b) of the Pakistan Penal Code 1860 for the qatl-e-amd of Qamar Hussain. The petitioner challenged the conviction primarily on the grounds of delayed recording of the statement of the eye-witness, Mumtaz Mai, under Section 161 of the Code of Criminal Procedure 1898, which occurred ten days after the incident. Additionally, the petitioner contended that the testimony of another witness, Zafar Hussain, was inconsistent regarding the discovery of the deceased's body and alleged that the recovery memos and investigation evidence were manipulated. Upon considering these contentions, the Supreme Court of Pakistan determined that the circumstances warranted a re-appraisal of the evidence. Consequently, the Court granted leave to appeal to ensure the safe administration of justice, effectively setting the stage for a deeper review of the trial court's findings and the High Court's affirmation of the conviction.
- Does a ten-day delay in recording an eye-witness statement under Section 161 of the Code of Criminal Procedure 1898 warrant a re-appraisal of evidence in a capital case?
- Can the Supreme Court grant leave to appeal to re-examine evidence in a murder conviction where allegations of manipulated recovery memos are raised?
- Section 302(b), Pakistan Penal Code 1860
- Section 161, Code of Criminal Procedure 1898
ORDER
' MUHAMMAD MOOSA KHAN LEGHARI, J.---The petitioner seeks leave to appeal against the judgment dated 4-6-2008 passed by the Lahore High Court, Bahawalpur Bench. By the aforesaid judgment, the conviction and sentence of death awarded to the petitioner by the Additional Sessions Judge, Bahawalpur dated 7-5-2002 under section 302(b), P.P.C. For causing qatl-e-amd of deceased Qamar Hussain was upheld.
2. It is inter alia contended by the learned counsel for the petitioner that admittedly 161, Cr.P.C.
Statement of eye-witness Mumtaz Mai (P.W.1) was recorded after 10 days of the incident and that Zafar Hussain (P.W.2) in his examination-in-chief stated that when he and other witnesses reached on the spot, they saw that deceased Qamar Hussain was lying dead in the wheat crop. Learned counsel has also referred to the recovery memos and the evidence recorded by the Investigation Officer to show that those were manipulated.
' In the given circumstances, we are persuaded to grant leave to re-appraise the evidence for the safe administration of justice.