GHULAM MURTAZA ALIAS BHOPAL Versus STATE
The matter arises from petitions directed against convictions as well as an acquittal and a prayer for enhancement of sentences. The core legal question involves the re-evaluation of extensive evidence concerning the involvement of a large number of accused persons, inconsistencies in medical evidence regarding firearm injuries, and the propriety of partially disbelieving a star witness while relying on their testimony for other convictions. The Supreme Court granted leave to appeal, holding that the features of the case and the discrepancies in the evidence require a comprehensive review of the entire material to ensure the safe dispensation of justice. The key principle laid down is that where evidence contains significant inconsistencies, particularly regarding medical reports and the selective reliance on witness testimony, a thorough re-appraisement of the record is warranted by the apex court.
- Whether inconsistencies between medical evidence and ocular testimony warrant a re-appraisement of the entire material for safe dispensation of justice?
- Can a witness be believed in part against certain accused while being disbelieved regarding the implication of another co-accused?
- Under what circumstances will the Supreme Court grant leave to appeal against concurrent findings of conviction and acquittal?
ORDER
1. MUHAMMAD HALEEM, C.J.‑‑ The first four petitions are against the convictions while the fifth petition is against the acquittal of Shaukat, the driver of the jeep and for the enhancement of the sentences passed on those convicted and sentenced to life imprisonment.
2. As a matter of first impression, after referring to the record, we find features in the evidence which require reconsideration of the entire material for safe dispensation of justice. There is involvement oft a large number of persons and acquittal at different stages. The medical evidence is also not consistent with the shots alleged to have been fired on the two deceased. Shaukat Ali, who was a driver of the Jeep, was subsequently implicated in the crime on the evidence of Saifullah and others although convicted by the trial Court he was acquitted by the High Court. The reasons for his acquittal also need consideration amongst others on the ground that although Saifullah who was the star witness has been believed in other respects. he has been disbelieved qua his implication.
3. Accordingly, we would grant leave to appeal to the petitioners in all these petitions.
4. Bailable warrants against Shaukat to issue in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of Assistant Commissioner, Okara.
5. M.I./4428/S Leave granted.