LIAQUAT ALI FANI and another vs THE STATE
The petitioners were convicted by the Additional Sessions Judge, Narowal, under Section 302/34 of the Pakistan Penal Code 1860 for the murder of Sain Muhammad and sentenced to death. Their appeal was subsequently dismissed by the High Court, which confirmed the death sentences. The petitioners sought leave to appeal before the Supreme Court. The core legal question before the Supreme Court was whether the High Court had correctly applied the established principles for the appraisal of evidence in criminal cases. Upon hearing arguments from counsel, the Supreme Court observed that the High Court failed to adhere to the well-established principles for the appraisal of evidence regarding the accused petitioners. Consequently, the Court held that the cases required further consideration. The Supreme Court granted leave to appeal in both petitions, establishing the principle that a failure to properly apply established evidentiary standards in criminal convictions warrants a re-examination of the case by the appellate court.
- Does a failure by the High Court to apply established principles for the appraisal of evidence in a criminal case constitute sufficient grounds for the Supreme Court to grant leave to appeal?
- Is the conviction and sentence of death under Section 302/34 of the Pakistan Penal Code 1860 subject to further consideration if the evidence appraisal is found to be flawed?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
1. ' S. USMAN ALI SHAH, J.---Liaquat All Fani petitioner in petition No,113 of 1989 and Ghulam Mustafa petitioner in Jail Petition No,48-R of 1989 alongwith Mushtaq Hussain, Ghularn Hussain, Muhammad Akram, Irshad Hussain and Amjad Hussain Shah were tried by the Additional Sessions Judge Narowal under section 302/34, P.P.C. For the murder of Sain Muhammad on 4-1-1985 at 4 p.m. In the Rato Chak graveyard room. The learned trial Judge vide his judgment dated 16-10-1986 convicted the petitioners in both the petitions under section 302/34, P.P.C. And sentenced both of thcm to death with line of Rs,5,000 each or in default of payment of fine they should suffer further R.I. For one year. The fine on realization was ordered to be paid to the heirs of the deceased. The other, five accused were however, acquitted from the charge of murder. Appeal filed by both the petitioners before the High Court was dismissed and their death sentence was confirmed vide order dated 21- 2-1989. Hence both these petitions for leave to appeal.
2. ' We have heard K.M. Samdani, the learned counsel for petitioner in Criminal Petition No,113 and in the light of his arguments, gone through the judgments of the Courts below. We have observed that the well-established principle for appraisal of the evidence has not been observed by the learned High Court against the accused petitioners in both these petitions. In case of jail petition, the learned counsel appearing for Liaquat Ali Fani was requested to put in his appearance and argue the case of Ghulam Mustafa also, who acceded to the request and with his arguments he convinced us making, both the cases for further consideration of this Court. Leave to appeal is, therefore, granted in both these petitions.