KHAN MUHAMMAD alias MUHAMMAD KHAN alias KALU vs THE STATE
This is a jail appeal filed by Khan Muhammad against the judgment of the High Court upholding his conviction and sentence for murder. The appellant was originally tried along with others by the Sessions Judge, Bahawalpur, and convicted under Section 302/34 of the Pakistan Penal Code, sentenced to imprisonment for life. On appeal, the High Court acquitted one co-accused but maintained the conviction of the appellant, leading to the present appeal by leave of the Supreme Court for reappraisal of evidence. The core legal question involved the reliability of ocular and circumstantial evidence and whether reappraisal warranted interference with concurrent findings. The Supreme Court, after hearing the parties and reappraising the evidence on record, held that the High Court was fully justified in maintaining the conviction and upholding the sentence. The appeal was accordingly dismissed, affirming the principle that concurrent findings of fact based on properly appraised evidence will not be disturbed by the apex court.
- Whether the Supreme Court will interfere with concurrent findings of fact recorded by the courts below regarding a criminal conviction?
- Does the reappraisal of evidence by the Supreme Court justify setting aside a High Court judgment maintaining a murder conviction?
- Whether the conviction under Section 302 read with Section 34 of the Pakistan Penal Code is sustainable when the evidence is duly reappraised?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
' ASLAM RIAZ HUSSAIN, J.-This is a Jail Appeal by Khan Muhammad against his conviction and sentence under section 302, P. P. C. He was accused alongwitli Shah Behram, Shah Muhammad and Imam Ali, for the murder of Alam Din. Imam Ali, who absconded after the concurrence was declared as a proclaimed offender. As such the case of the remaining accused including the appellant was separated and they were tried separately.
' The learned trial Court (Sessions Judge, Bahawalpur) convicted all three of them under section 302/34, P. P. C. And sentenced each of them to imprisonment for life with a fine of Rs, 1,000 or in default to further undergo one year's R. I.
2. All the three filed an appeal before the High Court, which acquitted Shah Muhammad, but dismissed the appeal of the appellant vide the impugned judgment. He filed a petition for leave to appeal through Jail and leave was granted to him by this Court on 2-7-1978 for reappraisal of evidence.
3. We have heard the learned counsel for the appellant as well as the learned State counsel who have taken us through the relevant petitions of the evidence on the record. After reappraising the evidence we are the considered view that the High Court was justified in maintaining the conviction and upholding the sentence of Khan Muhammad appellant.
' The appeal is, therefore, dismissed.