Mst. WALAYAT BI And Another vs MUHAMMAD AKRAM And Other
This matter concerns two petitions for leave to appeal arising from a murder conviction. The accused, Muhammad Akram, was convicted under Section 302 of the Pakistan Penal Code 1860 for the murder of Ghulam Rasul, with his sentence reduced to life imprisonment by the High Court, while his co-accused was acquitted. The petitioner sought leave to appeal, arguing that the acquittal of his co-accused necessitated material corroboration of the ocular testimony and that the crime was committed under grave and sudden provocation due to the deceased's alleged illicit relations with the petitioner's wife. Simultaneously, the complainant sought enhancement of the sentence. The Supreme Court examined the consistency of the ocular evidence and the medical corroboration, finding the petitioner's conviction well-founded. Regarding the provocation plea, the Court acknowledged the motive of illicit liaison but found no merit in interfering with the High Court's judgment. The Court held that where ocular testimony is consistent and corroborated by medical evidence, the acquittal of a co-accused does not automatically invalidate the conviction of the remaining accused, and dismissed both petitions.
- Does the acquittal of a co-accused on the same evidence automatically invalidate the conviction of the remaining accused?
- Can a conviction be maintained on ocular testimony alone without material corroboration if a co-accused is acquitted?
- Is a motive involving illicit relations with the accused's wife sufficient to invoke the exception of grave and sudden provocation under Section 300 of the Pakistan Penal Code 1860?
- Section 300, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
MIAN BURHANUDDIN KHAN, J.-- Muhammad Akram and Muhammad Azram, accused /respondents in Cr.P.S.L.A. No. 118/R of 1982 were tried by the learned Additional Sessions Judge, Rawalpindi, for committing the murder of Ghulam Rasul. They were convicted under section 302, P .
P . C . Read with section 34, P . P . C . And sentenced toy death and a fine of Rs.5,000 each. On appeal to the High Court the learned Judges acquitted Muhammad Azram and altered the death sentence, awarded to Muhammad Akram, to imprisonment for life, maintaining the sentence of fine, vide the impugned judgment dated 4-4-1982.
2. By Cr.P.S.L.A. No.181 of 1982 Muhammad Akram, petitioner, seeks leave to appeal against the same impugned judgment on the ground' that the eye-witnesses having not been believed qua Muhammad Azram, who was acquitted by the learned High Court, the conviction of petitioner cannot, therefore, be maintained on the same evidence without material corroboration of ocular testimony; that the prosecution case is that the deceased Ghulam Rasul was suspected of having illicit relations with his own sister-in-law i.e. The wife of Muhammad Akram the accused petitioner and a fight had taken place at night between the deceased and the accused /petitioner, and, therefore, if at all the accused/ petitioner committed the crime, it was under grave and sudden provocation, and, hence, he was entitled to the benefit of Exception 1 to section 300, P.P.C. Reliance was placed on PLD 1973 SC 321; PLD 1975 SC 588 and PLD 1977 SC 1.
3. Brief facts of the case are that Zaman A.I P.W.6 and Muhammad Yaqub P.W.7 saw the accused going after Ghulam Rasul deceased or the morning of 5-9-1976 at about 10 a.m. Towards the Dera of Bakhshia near Karumb Usman. Both the accused Muhammad Akram and Muhammad Azram, armed with .12 bore guns, raised Lalkara and threatened the deceased Ghulam Rasul and Muhammad Bashir P.W.8, who was accompanying the deceased, that they will not be allowed to escape Ghulam Rasul deceased and Bashir P.W.8 ran for safety when Muhammad Akram accused/ petitioner fired hitting Ghulam Rasul on the back and neck. However, Ghulam Rasul ran ahead and sat down in the meantime Muhammad Azram acquitted/ accused reached near him and hit Ghulam Rasul deceased with butt-end of his gun, on his arms which brought Ghulam Rasul down to the ground whereupon Muhammad Azram fired hitting the deceased on the left leg. After this, both the accused ran away. The deceased succumbed to his injuries soon thereafter. Zaman A.I P.W.6 proceeded to the Police Station. He met A.S.I. Muhammad Aslam P.W.10 near the bus- stand, village Daultala and lodged the report Exh.P.B.
4. Motive for the crime is that the deceased was suspected of having illicit relations with the wife of Muhammad Akram accused. On the night previous to the day of occurrence, the deceased and accused Akram had quarrelled over this, and, hence, this murder.
5. The learned trial Court believed the ocular testimony of the three eye-witnesses. The medical evidence is also corroborating the prosecution case that the deceased had 8 wounds, of which 6 were caused by fire-arm and two were abrasions caused by blunt weapon. Injuries Nos. 1 and 2 were considered sufficient to cause death of the deceased.
6. We have considered the arguments of the learned counsel for the petitioner and find that there is consistent charge against the accused/ petitioner Muhammad Akram. He has been rightly considered to be responsible for committing the murder of Ghulam Rasul deceased, and, therefore, there is no reason available for us to interfere with the finding of the learned High Court. Hence, we refuse to grant leave in Cr. P.S.L.A. No.181 of 1982. Petition dismissed.
7. As regards Cr.P.S.L.A.No.118 of 1982, we find that no case is made out for enhancement of sentence where the extreme penalty under the law could be imposed on the accused /respondent Muhammad Akram because motive for the crime as admitted by the prosecution was illicit liaison between the deceased and wife of the accused /respondent. We, therefore, find no merit in this petition, and refuse to grant leave. Petition dismissed.