State through A.G. Khyber Pakhtunkhwa, Peshawar vs Amanat Khan and others
This matter arises from a criminal petition for leave to appeal filed by the State against the acquittal of the respondent for the daylight murder of Javed Ali Shah. The core legal question is whether the High Court was justified in setting aside the conviction and sentence of death handed down by the trial court based on peripheral investigative flaws and a negative forensic report, despite consistent ocular testimony by natural witnesses. The Supreme Court held that leave to grant appeal is warranted to reappraise the entire evidence, noting that the respondent was a previous convict who had absconded and that the ocular account had withstood cross-examination. The key principle laid down is that minor investigative flaws and a negative forensic match do not necessarily destroy the intrinsic value of reliable eyewitness testimony, particularly when corroborated by the accused's absconsion.
- Whether minor investigative flaws and a negative forensic report can outweigh consistent ocular testimony in a murder case?
- Does the absconsion of an accused person affect the evidentiary value of prosecution witnesses?
- Can the Supreme Court reappraise evidence to set aside an acquittal when the High Court relied on peripheral circumstances?
- Section 302(b), Pakistan Penal Code 1860
ORDER
1. QAZI MUHAMMAD AMIN AHMED, J .---In broad daylight, Javed Ali Shah, 40, was shot dead within the precincts of Police Station Lahore District Swabi; First Information Report was lodged by his uncle Syed Sardar Shah (PW-3) wherein he blamed the respondent, a previous convict, as the sole culprit, in the backdrop of a previous altercation.
2. Autopsy conducted at 1:05 p.m. confirmed four entry wounds with corresponding exits. Respondent stayed away from the law and was finally spotted in a prison at Takhat Bhai wherefrom he was transposed as an accused in the present case; pursuant to a disclosure, he led to the recovery of a .30 caliber pistol, however , incompatible with the casings secured from the spot. A learned Additional Sessions Judge vide judgment dated 31.01.2013 convicted him under clause (b) of section 302 of the Pakistan Penal Code, 1860 with the sentence of death alongside a direction to pay compensation, overturned by a Division Bench of Peshawar High Court Peshawar vide impugned judgment dated 20.02.2014, vires whereof, are being assailed on the grounds that in the face of overwhelming evidence furnished by natural witnesses having no axe to grind, there was no occa sion for the High Court to acquit the respondent from the charge, squarely structured on 'proof beyond doubt'. It is next argued that the impugned view of the High Court, A seemingly based upon various circumstances, considere d by it as suspect, mostly relate to peripheral or investigative flaws, with no bearing upon the preponderance of ocular account furnished by the witnesses who had satisfactorily explained their presence at the spot; they do not seem to have an axe to grind by substituting an innocent with the guilty . It is lastly argued that in the wake of respondent's absconsion, a negative forensic report did not adversely effect the prosecution's case nor non-mentioning of specific caliber of the weapon could destroy the intrinsic value of the testimony that successfully withstood the test of cross-examination, particularly having regard to the formidable past, hounding the respondent. Leave is granted to reappraise the entire evidence with a view to secure the ends of justice. Send for the respondent through bailable warrant of arrest in the sum of Rs.200,000/- with one suret y in the like amount, returnable to the Assistant Registrar of this Court at Peshawar , to be executed through Station House Of ficer, within a fortnight.