DOST MUHAMMAD vs THE STATE
This matter concerns a jail petition filed by the petitioner, Dost Muhammad, challenging his conviction and sentence of life imprisonment for the murder of Rahmat Ali, as upheld by the Peshawar High Court. The core legal question was whether the concurrent findings of the lower courts regarding the petitioner's guilt, based on eyewitness testimony and the deceased's dying declaration, were sustainable. The Supreme Court examined the evidence, noting that the petitioner had fired shots at the deceased and inflicted a knife wound, with the motive being a dispute over the marriage of Mst. Hamida. The Court found that the points raised by the petitioner had been adequately addressed by the High Court and that there was no merit in the petition. Consequently, the Supreme Court dismissed the petition, affirming the conviction and sentence. The judgment reinforces the principle that where concurrent findings of fact by lower courts are supported by credible evidence, including eyewitness accounts and dying declarations, the Supreme Court will not interfere with such findings in the absence of legal infirmity or misappreciation of evidence.
- Can the Supreme Court interfere with concurrent findings of fact by lower courts if the evidence is deemed sufficient?
- Is a dying declaration naming the assailant sufficient to support a conviction for murder?
- Section 302, Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
MIAN BURHANUDDIN KHAN, J.-This Jail Petition is barred by 9 days but as it involves the sentence of life imprisonment, the delay is condoned.
2. Dost Muhammad petitioner was sentenced to life imprisonment under section 302, P. P. C. For committing the murder of Rahmat Ali by firing at him with a pistol and then inflicting stab wound on him with a knife on 3-7-1980 at about 11-45 a.m. In a place known as Fazale Maula Masjid Bazar, per judgment of the Additional Sessions Judge, Peshawar, dated 28-9-1981. Petitioner filed an appeal against his conviction and sentence which was dismissed by the Peshawar High Court vide judgment, dated 7-2-1983. The learned High Court awarded Rs, 5,000, as compensation to be paid to the heirs of the deceased under section 544-A, Cr. P. C.
3. The case against the petitioner was supported by Abdus Salam, P. W. 6 and Muzaffar, P. W.
7. The former was accompanying the deceased at the time of occurrence for the purchase of timber as he needed it for his under construction house. The deceased was a carpenter and in order to select the timber needed for the under construction house he was accompanying Abdus Salam to the market. As they reached near the Fazle Maula Mosque, Charkhana Road, Dost Muhammad petitioner emerged, armed with a tamancha and fired four shots on Rahmat Ali deceased and also inflicted a blow at his chest witn a knife, and made good his escape. Muzaffar, P. W. Also reached the spot soon after the occurrence. Rahmat Ali deceased was still alive and he himself charged the acoused/pelitioner Dost Muhammad as the assailant.
4. Motive for the crime is stated to be the marriage of Mst. Hamida who was previously betrothed to the accused but was, later on, given in marriage to the deceased. The petitioner had absconded from the scene of occurrence and was arrested on 28-9-1980. Finding no merit in the petition I would dismiss the case.
ORDER OF THE BENCH M. S. H. QURAISHI, J.-The points raised by the petitioner in this present petition are the same as had been raised before the High Court and had been adequately dealt with. I agree that no case is made out for interference with the concurrent finding of the Courts below and as such the petition is liable to be dismissed.
' The petition is dismissed.