BOOTA And Others vs THE STATE
This matter concerns petitions for leave to appeal filed by several petitioners against their convictions and sentences for murder and related offences. The petitioners were tried and convicted under Sections 148, 302/149, 307/149, 326/149, and 323/149 of the Pakistan Penal Code 1860, receiving various sentences including life imprisonment and death sentences for the murders of Allah Ditta and Mst. Nooran, alongside sentences for causing injuries. Following the dismissal of their appeal by the High Court, the petitioners approached the Supreme Court seeking leave to appeal. The core legal question before the Supreme Court was whether the evidence on record warranted a reappraisal by the apex court. The Supreme Court held that, upon considering the facts and circumstances of the case, it was not a fit case for the reappraisal of evidence. Consequently, the Court dismissed the petitions, affirming the convictions and sentences imposed by the lower courts. The principle laid down is that the Supreme Court will not undertake a reappraisal of evidence in criminal matters unless a compelling case for such review is established.
- Does the Supreme Court of Pakistan routinely undertake a reappraisal of evidence in criminal appeals?
- Is a case fit for reappraisal of evidence if the prosecution case rests on the testimony of injured eye-witnesses?
- Section 148, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
- Section 326, Pakistan Penal Code 1860
- Section 323, Pakistan Penal Code 1860
ORDER
1. ASLAM RIAZ HUSSAIN, J.--This order will dispose of (i) Criminal Petition No. 303 of 1982 filed by Boots and Shahna;
(ii) Jail Petition No. 71 of 1982, filed by Subha and 6 others; and
(iii) Jail Petition No. 66 of 1982, filed by Sannata and another.
2. They were tried and convicted under sections 148, 302/149 and 307/149, P.P.C. And were sentenced as follows:- (1)All sentenced to 2 years under section 148, P.P.C (2)All sentenced to imprisonment for life and a fine of Rs.1,000 each or 6 months' R.I. In default of payment of fine under section 302/149, P.P.C. For the murder of Allah Ditta.
3. (3)Death sentence was awarded to Boots and a fine of Rs.1,000, or 6 months' R.I. In default of payment of fine under section 302/149, P.P.C. For the murder of Mst. Nooran.
4. (4)All except Boots were sentenced under section 326/149, P.P.C. To 10 years' R.I. And a fine of Rs.1,000 (6 months' in case of default in payment of fine) for injuring Mat Nooran.
5. (5)All sentenced to 6 months' R.I. And a fine of Rs.100 each under section 323/149, P.P.C. Or one month R.I. In case of default, for injuring Mst. Rehmi.
6. (6)All sentenced to 6 months' R.I. And a fine of RS.100 each under section 323/149, P.P.C. Or one month R.I. In case of default of payment of fine, for injuring Dilmir.
7. (7)All sentenced under section 323/149, P.P.C. To 6 months' R.I. And a fine of Rs.100 each or one month R.I. In case of default, for injuring Mst. Muradan.
8. (8)All sentenced under section 323/149, P.P.C. To 2 years' R.I. And a fine of Rs.200 or in default 2 months' R.I. For injuring Mat. Sabi.
9. Their appeal before the High Court failed.
10. Hence the present petitions for leave to appeal.
2. The prosecution case is based only on the evidence of 3 injured eye-witnesses namely (1) Mat.
11. Rehmi (P.W.9); (2) Mst. Muradan (P.W.10) and (3) Dilmir (P.W.11); medical evidence and the evidence of motive.
3. Learned counsel for the petitioners only seeks reappraisal of evidence on the record. After considering the facts and circumstances of this case we do not consider it a fit case for reappraisal of evidence.
12. The three petitions are, therefore, dismissed.