Ilyas vs Waris Khan, etc
This matter involves a criminal appeal against the acquittal of respondents by the Peshawar High Court in a murder case. The deceased, Akhtar Begum, was shot dead, allegedly by her husband, Waris Khan, and his brother, Karamat Ali, in retaliation for her filing a suit for dissolution of marriage. The trial court had convicted the respondents under Section 302(b) of the Pakistan Penal Code, 1860, and sentenced them to death and life imprisonment, respectively. The High Court subsequently overturned these convictions, citing flaws in the investigative process. The petitioner challenged the High Court's judgment, arguing that the court placed disproportionate reliance on minor investigative discrepancies while ignoring formidable ocular evidence. The Supreme Court, upon reviewing the petition, granted leave to appeal to reappraise the entire evidence. The Court held that in the peculiar facts and circumstances of the case, a re-examination of the evidence is necessary to secure the ends of justice, thereby setting the stage for a full review of the acquittal.
- Under what circumstances can the Supreme Court grant leave to appeal against an acquittal judgment by a High Court?
- Does the presence of minor investigative flaws automatically invalidate strong ocular evidence in a murder trial?
- Section 302(b), Pakistan Penal Code 1860
- Section 13, Arms Ordinance 1965
ORDER
Qazi Muhammad Amin Ahmed, J. Akhtar Begum, 20, was shot dead by Waris Khan, respondent, no other than her better half with the assistance of his brother Karamat Ali to avenge her filing of a suit seeking dissolution of marriage; the incident occurred at 10:30 a.m. on 2.10.2012 inside deceased' s parental home, located within the precincts of Police Station Chaprial, District Swat. Autopsy conducted at 4:30 p.m. confirmed receipt of two entry wounds that generated hemorrhagic shock, resulting into immediate. The incident was reported by deceased' s father Muhammad Ilyas (PW-1) at 15:30 p.m. wherein he blamed the respondents for the crime on the instigation of one Khanzada. Spot inspection includes seizure of blood and eight casings of 7.62 caliber . The learned trial Judge acquitted Khanzada from the charge, however, proceeded to convict the respond ents under clause (b) of section 302 of the Pakistan Penal Code, 1860 and sentenced them to death and imprisonment for life, respectively , vide judgment dated 08.07.2013; Waris Khan was separately tried under section 13 of the Arms Ordinance, 1965 and sentenced to three years rigorous imprisonment vide judgment of even date, both overturned by a Division Bench of the Peshawar High Court, Mingora Bench vide impugned judgment dated 01.10.2014, vires whereof, are being assailed on the ground that there was no occasion for the High Court to let off the respondents in the face of formidable evidence comprising ocular account, furnished by an inmate who saw his daughter being mercilessly done to death inside the safety of his house; it is next argued that disproportionat e reliance by the High Court on alleged flaws in the investigative process having little bearing on the mainstay of the prosecution, being artificial, are incompatible with the settled princ iples of administration of criminal justice. The evidence admitted no hypothesis other than respondents' guilt and, thus, the impugned view being impossible clamours for intervention by this Court, concluded the learned counsel.
2. In the peculiar facts and circumstances of the case, leave is granted to reapp raise the entire evidence with a view to secure the ends of justice. Send for the respondents through bailable warrants of arrest in the sum of Rs.200,000/- with one surety in the like amount, returnable to the Assistant Registrar of this Court at Peshawar , to be executed through the Station House Of ficer, within a fortnight.