State through A.G. Khyber Pakhtunkhwa Peshawar vs Amanat Khan and others
This matter involves a petition for leave to appeal against a judgment of the Peshawar High Court, which acquitted the respondent of a murder charge. The respondent had been convicted by the trial court under Section 302(b) of the Pakistan Penal Code, 1860, and sentenced to death for the murder of Javed Ali Shah. The prosecution's case relied on ocular testimony from natural witnesses and the respondent's subsequent absconsion. The High Court overturned the conviction, citing investigative flaws and forensic discrepancies, specifically the incompatibility of the recovered weapon with the crime scene casings. The State challenged this acquittal, arguing that the High Court erroneously prioritized peripheral investigative defects over credible ocular evidence and failed to account for the respondent's absconsion. The Supreme Court, finding merit in the arguments regarding the potential misappreciation of evidence, granted leave to appeal to reappraise the entire evidence. The Court held that the case warrants a comprehensive review to ensure the ends of justice are met, particularly regarding the weight of ocular testimony versus forensic findings.
- Does a negative forensic report regarding a recovered weapon necessarily destroy the intrinsic value of credible ocular testimony in a murder case?
- Can an appellate court acquit a respondent based on peripheral investigative flaws when there is consistent ocular evidence from natural witnesses?
- What is the legal effect of an accused's absconsion on the prosecution's case when other evidence is present?
- Section 302(b), Pakistan Penal Code 1860
ORDER
1. QAZI M UHAM M AD AM IN AHM ED, 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. 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 occasion 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, seemingly based upon various circumstances, considered 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 surety in the like amount, returnable to the Assistant Registrar of this Court at Peshawar, to be executed through Station House Officer, within a fortnight.