ASHIQ HUSSAIN vs THE STATE And Other
This petition for leave to appeal was filed by the complainant against a High Court judgment that acquitted five respondents of murder charges. The incident involved a fatal attack on the deceased, Shakuruddin, and injuries to his son, Ashiq Hussain, allegedly committed by neighbors following a minor dispute. The trial court had convicted the respondents under sections 302/149 and 324 of the Pakistan Penal Code 1860, relying on the testimony of injured witnesses and medical evidence. The core legal question was whether the High Court erred in acquitting the respondents despite the testimony of an injured eyewitness and the lack of prior enmity between the parties. The Supreme Court held that the submissions regarding the credibility of the injured witness and the absence of prior hostility carried sufficient force, particularly concerning the respondent Muhammad Bashir, who was alleged to have inflicted the fatal hatchet blow. Consequently, the Court granted leave to appeal to reappraise the evidence specifically regarding Muhammad Bashir, while dismissing the petition against the other respondents, thereby upholding their acquittal.
- Can the testimony of an injured eyewitness be considered sufficient for conviction without corroboration when there is no previous enmity between the parties?
- Is the Supreme Court justified in granting leave to appeal against an acquittal if there is a prima facie case regarding the credibility of an injured witness?
- Does the absence of prior hostility between neighbors increase the reliability of eyewitness testimony in a murder case?
- Section 302, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
ORDER
ASLAM RIAZ HUSSAIN, J.--This petition by Ashiq Hussain complainant is directed against the acquittal of respondents 1 to 5 of the charge of murder by the High Court.
2. The occurrence in this case took place on 29-6-1978 at 8-p.m. In front of House No. 4/15 Liaqatabad, Karachi, wherein the respondents are alleged to have attacked and killed Shakuruddin (deceased) and injured his son Ashiq Hussain P.W.
1. The F.I.R. Was lodged at 10-30 p.m. On the same night by Ashiq Hussain aforesaid.
3. Both the parties are neighbours. It is alleged that at about 8 p.m. While Ashiq Hussain was watching T.V. In his house, a stone came from the adjacent house hitting his younger sister Yasmeen. Ashiq Hussain went out and made an inquiry about it, where after Mst. Sharifan (a lady of the family of the other side) started abusing him. Soon thereafter all the accused-respondents came out. They were armed with Dan das, except Muhammad Bashir (respondent) who was armed with a hatchet. They attacked Ashiq Hussain petitioner (P.W. 1). In the meanwhile Ashiq's father, Shakuruddin (deceased), also came out and on the instigation of Siddique respondent, Muhammad Bashir respondent, gave a hatchet blow on his (Shakuruddin's) head. Thereafter, the other respondents also inflicted Danda blows on Shakuruddin, resulting in his death at the spot.
Ashiq Hussain (an injured witness) and the dead body of Shakuruddin were taken to the hospital.
The hospital authorities informed the S.H.O. Police Station, Liaqatabad (Karachi), who rushed to the hospital and recorded the statement of Ashiq Hussain P.W., which formed the basis of the F.I.R.
The accused-respondents were arrested on 30-6-1978, but on incriminating recoveries were made at their instance. At the trial, therefore, the prosecution relied mainly on the testimony of Ashiq Hussain P.W. 1 (who was himself injured during, the incident--son of the deceased) Noor Muhammad P.W. 2 (brother-in-law of the deceased) Iqbal Muhammad P.W. 3 (who was not named in the F.I.R.), and Muhammad Akram P.W. 4 (another son of the deceased). It also relied on the evidence of motive and the medical evidence which inter alia revealed a sharp-edged injury on the head of Shakuruddin (deceased) and presence of injuries, caused by Danda blows on the person of Ashiq Hussain complainant.
4. The trial Court believed the prosecution evidence and convicted all the accused-respondents under sections 302/149, P.P.C. And sentenced each of them inter alia, to imprisonment for life. It also sentenced Muhammad Rafiq respondent under section 324, P.P.C. And sentenced him, inter alia, to 2 years' R.I.
5. All of them filed an appeal before the High Court which acquitted all the accused of the aforementioned offences. Feeling aggrieved Ashiq Hussain petitioner (complainant) has filed the present petition.
6. Learned counsel for the petitioner portended before us that the parties were neighbours and knew each other intimately; as such there was no possibility of mistaken identity of the assailants.
He submitted further that there was no previous hostility between the parties before the incident mentioned above as the motive for the attack, and that the eye-witnesses were therefore not likely to involve the respondents falsely. He submitted further that, in any case, the presence of Ashiq Hussain P.W. (complainant who had himself sustained injury during the incident), cannot be disbelieved, nor had he been shown to have any " previous enmity with the accused party which can be said to have induced him to involve the accused falsely or to attribute fatal injury to Muhammad Bashir respondent. He also submitted that no intrinsic flaw has been found in the testimony of the eye-witnesses and it could, therefore, 'be believed without corroboration, specially in view of the fact that no previous enmity existed between the parties.
7. We feel that the above-mentioned submissions have sufficient force, at least as far as the case of acquittal of Muhammad Bashir respondent, is concerned. We, therefore, grant leave to reappraise the prosecution evidence to consider as to whether or not the High Court was justified in disbelieving the prosecution evidence in relation to Muhammad Bashir respondent.
The petition is dismissed with regard to the remaining respondents.
Bailable warrants in the sum of Rs.20,000 with to sureties each in the like amount to the satisfaction of the trial Court, shall be issued against Muhammad Bashir respondent.