ATA MUHAMMAD vs The STATE
This matter concerns a petition for leave to appeal against a judgment of the Lahore High Court, which dismissed the petitioner's revision petition in limine regarding his conviction under sections 304-A and 337 of the Pakistan Penal Code 1860. The petitioner, a bus driver, was convicted for rash and negligent driving resulting in the death of one individual and injuries to another. The core legal question was whether the testimony of a single injured eye-witness, when other witnesses were declared hostile, was sufficient to sustain a conviction, and whether the High Court erred in its revisional jurisdiction. The Supreme Court held that the petition lacked merit, affirming that the statement of a single witness, if qualitatively sufficient, is legally adequate to support a conviction. The Court refused to interfere, noting that the petitioner's arguments merely sought a reappraisal of evidence already examined by lower courts, which does not constitute a valid question of law. The key principle laid down is that the testimony of a single witness may qualitatively suffice for conviction, and the Supreme Court will not re-evaluate evidence already satisfactorily appraised by lower courts.
- Can the testimony of a single witness be sufficient to sustain a criminal conviction?
- Does a request for the reappraisal of evidence already examined by lower courts constitute a valid question of law for the Supreme Court?
- Is a conviction based on the testimony of a single witness legally valid when other witnesses have been declared hostile?
- Section 304-A, Pakistan Penal Code 1860
- Section 337, Pakistan Penal Code 1860
ORDER
SHAFIUR RAHMAN, J.--The petitioner, a convict under sections 304-A and 337, P.P.C. Seeks leave to appeal against the judgment of the Lahore High Court, dated 15-6-1980 whereby his revision petition was dismissed in limine.
2. On the 31st October, 1976, at 7-30 p.m. The petitioner was said to be driving Bus No. LRB/7227 belonging to the G.T.S. He hit a cyclist Abdul Majid P.W. Who was injured and Muhammad Yusuf sitting on the rear seat of the cycle was thrown and run over by the bus. This accident took place near the petrol-pump in the area of village Thatha Karimdad, District Gujranwala.
3. Three eye-witnesses were produced two of whom were declared hostile and did not support the case of the prosecution. Abdul Majid (P.W. 4), the injured, stated about the rash and negligent driving of the petitioner resulting in the death of his companion Muhammad Yusuf and injuries to him. He made the report at the police station.
4. The petitioner denied the charges levelled against him and stated that he had no knowledge that Muhammad Yusuf had been run over by the bus. H7e stated that he was involved on mere suspicion which was the result of mistaken identity.
5. The learned trial Court on the basis of statement made by Abdul Majid, the injuries received other evidence on record, convicted the petitioner under section 304-A, P.P.C. And sentenced him to one year's rigorous imprisonment. He was further convicted under section 337, P.P.C. And sentenced to undergo further six months' rigorous imprisonment.
6. The petitioner appealed to the Sessions Court but the same was dismissed. His revision petition against conviction and sentence was dismissed in limine by the High Court.
7. The learned counsel for the petitioner contends that there has been a misreading of evidence of Abdul Majid, the solitary witness in the case. According to the learned counsel this witness could not be at all a competent witness as to the rash and negligent driving by the petitioner.
8. We have heard the learned counsel for the petitioner and find that he is seeking a reappraisal of the evidence which has already been examined by the appellate and the revisional Courts. He does not deny the legal proposition that in such a case even the statement of a single witness may qualitatively be sufficient to arrive at the conviction and sentence of an accused. His contention appears to be that the statement of Abdul Majid did not have that quality and content as to lead to the conviction of the petitioner. This submission does not raise any question of law as such but relates to the appraisement of evidence which has already been done satisfactorily by all the Courts dealing with the matter.
We find the sentence awarded is legal. The petition has no merit and is dismissed.