BARKAT ALI vs The STATE
This matter arises from a criminal petition for leave to appeal filed by Barkat Ali against his conviction and sentence for the murder of his brother's wife, Mst. Allah Rakhi, who was killed after refusing to develop illicit relations with him. The core legal question was whether the prosecution had proved its case beyond reasonable doubt against the sole accused based on eye-witness testimony, medical evidence of multiple stab injuries, and the recovery of a blood-stained weapon. The Supreme Court held that the concurrent findings of the lower courts were based on solid evidence, including two independent eye-witnesses and corroborative recovery of a blood-stained chhuri. The petition for leave to appeal was accordingly dismissed, affirming the conviction and death sentence. The key principle laid down is that where ocular testimony is corroborated by medical evidence and weapon recovery, and independent witnesses have no motive for false implication, conviction for a heinous crime will not be interfered with.
- Whether a jail petition barred by limitation can be dismissed on that ground?
- Does the uncorroborated testimony of independent eye-witnesses suffice to maintain a conviction under section 302 of the Pakistan Penal Code 1860?
- Whether the Supreme Court will interfere with concurrent findings of guilt in a heinous murder case where guilt is proved beyond reasonable doubt?
- Section 302, Pakistan Penal Code 1860
ORDER
ASLAM RIAZ HUSSAIN, J.--This order will dispose of Criminal Petition No. 157 of 1982 filed by Barkat Ali against his conviction and Jail Petition No. 54 of 1982, also filed by him against his conviction and sentence. The Jail Petition is barred by 8 days and is, therefore, dismissed on the ground of limitation.
2. As for Petition for Leave to Appeal (Criminal Petition No. 157 of 1982) the facts are that the petitioner is the sole accused in the case. He is accused of murdering his brother's wife Mst. Allah Rakhi, at 10-30 a.m. On 26-6-1976, as she refused to develop illicit relations with him. He was apprehended and blood-stained Chhuri (P. 1) was recovered from him, which on examination, was found to be stained with human blood.
3. Prosecution case is supported by at least two independent eye-witnesses who had no motive to involve the petitioner falsely, by -the recovery of the blood-stained Chhuri (P.1) as well as the 8 stab and incised injuries found on the person of the deceased.
4. The trial Court believed the prosecution evidence and sentenced him to death under section 302, P.P.C. Which was confirmed by the High Court.
Hence the present petition for leave to appeal.
5. We are of the view that the petitioner has committed a very heinous crime which has been proved against him beyond reasonable doubt. He was, therefore, rightly convicted and sentenced and the matter does not call for interference by this Court.
Leave is, therefore, refused.
Cited by 1 case
- FAIZ ALI SHAH vs THE STATE 1989 PLD Supreme Court (AJ&K) 61