MANZOOR AHMAD Versus STATE
This is a petition for leave to appeal filed by the complainant Manzoor Ahmad against the judgment of the High Court acquitting the respondent Falak Sher of charges under sections 302, 376, and 404 of the Pakistan Penal Code for the murder of Mst. Munawar Bibi. The trial court had initially convicted and sentenced the respondent based on last seen evidence, an extra-judicial confession, recoveries, and medical evidence. The High Court, however, determined that the dead body was in an extreme state of decomposition, indicating the occurrence took place much earlier than alleged by the prosecution. Upon examination of the evidence, the Supreme Court agreed that the circumstantial and other pieces of evidence were insufficient to warrant a conviction. Consequently, the Supreme Court found no merit in the petition and dismissed it, upholding the acquittal.
- Whether last seen evidence and an extra-judicial confession are sufficient to sustain a conviction in an unwitnessed crime when the medical evidence regarding the state of decomposition contradicts the prosecution's timeline?
- Does an extreme state of decomposition of a dead body warrant interference with the prosecution's alleged time of occurrence?
- Section 302, Pakistan Penal Code 1860
- Section 376, Pakistan Penal Code 1860
- Section 404, Pakistan Penal Code 1860
ORDER
S.A.NUSRAT, J .‑‑Manzoor Ahmad, petitioner/ complainant, has brought this petition for leave to appeal from the impugned judgment of the learned High Court whereby the respondent Falak Sher was acquitted of the charge under sections 302,376 and 404, P.P.C. for committing the murder of Mst. Munawar Bibi. The respondent was tried by the Additional Sessions Judge, Qasur, convicted and sentenced to death under section 302, P . P . C . with fine, imprisonment for life under section 376, P.P.C. and three years R.I. with fine under section 404, P . P . C .
2. Admittedly, it was an unwitnessed crime and the conviction was based by the trial Court on the last seen evidence furnished by P.W. Nawab, extra‑judicial confession of the respondent before Manak P . W . , the recoveries and the medical evidence.
3. The learned High Court found that the most important point for determination in the case was, as to how long before recovery of dead body, Mst. Munawar Bibi was done to death. The dead body was found to be in extreme state of decomposition from which it was inferred by the learned High Court, and rightly so when looked into the background of the evidence, that the occurrence had taken place much before the time as alleged by the prosecution. In order to satisfy ourselves, we have also examined the evidence in the case and find that other pieces of evidence are also such as would not have warranted conviction of the respondents.
In this view of the matter, we find no substance in this petition, which is dismissed.
M. I. /M‑279/S Petition dismissed.