QADAR DAD vs BAHADUR KHAN and others
This matter concerns a petition for leave to appeal against an order of the Lahore High Court, which had acquitted thirteen respondents previously convicted by the trial court for murder and related offenses. The core legal question was whether the High Court erred in its appreciation of evidence, specifically regarding the credibility of eye-witnesses and the consistency of ocular testimony with medical findings. The Supreme Court upheld the High Court's decision to acquit the respondents. The ratio of the decision is that where ocular evidence is provided by highly interested witnesses and lacks independent corroboration, it cannot sustain a conviction, particularly when the medical evidence contradicts the prosecution's narrative regarding the number of assailants and injuries inflicted. The Court affirmed that when the number of injuries on a deceased is not commensurate with the number of accused persons, it creates an irresistible conclusion that the prosecution has exaggerated the number of accused to implicate rivals. Consequently, the petition was dismissed, reinforcing the principle that uncorroborated testimony from interested witnesses is insufficient for conviction in criminal cases.
- Can a conviction be sustained on the testimony of highly interested witnesses without independent corroboration?
- Does a discrepancy between the number of injuries on a deceased and the number of accused persons justify the rejection of ocular evidence?
- Is the acquittal of accused persons justified when the prosecution fails to provide incriminating recoveries or independent corroboration?
- Section 302, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
ORDER
' ALI HUSSAIN OAZILBASH, J.--This is a petition for leave to appeal against the order of the Lahore High Court, dated 23rd September, 1986.
2. According to the F.I.R. Exh.PP/1, recorded by Muhammad Zulfiqar S.I.(PW-13), S.H.O., Police Station Dinga, District Gujrat, at 8-40 p.m., thirteen persons were charged by Qadar Dad (PW-8) for committing the murder of Fateh Muhammad and injuries to four persons. On their arrest, all the accused were tried under section 302/307/324/149, P.P.C. Read with section 148, P.P.C. The trial Court convicted Bahadur Khan, Qadar Dad, Riasat Ali, Muhammad Aslam, Mchdi Khan and Muhammad Ali under section 302/149, P.P.C. And sentenced them to death. Farman Ali, Zaman, Sardara, Shan, Mian Khan and Ashraf were convicted under section 302/149, P.P.C. And sentenced to life imprisonment. Muhammad Razzaq was, however, acquitted. All the accused/respondents were also convicted under section 307/149, P.P.C. And sentenced to ten years' R.I. Each and under section 324/149, P.P.C. And sentenced to three years' R.I. Each. They were also convicted under section 148, P.P.C. And sentenced to three years' R.I. Each. All the twelve convicts were individually sentenced to pay a fine of Rs,10,000 each and half of this amount was ordered to he paid to the heirs of the deceased and the injured persons equally. In case of failure of payment of fine, all the convicts were to undergo further R.I. For one year. On appeal by the convicts, the High Court vide the impugned order acquitted them and the revision filed by the complainant was dismissed through the same order.
3. We have heard the learned counsel for the parties. The High Court based the acquittal of the respondents on the following observations:- "According to the eye-witnesses all the 13 accused had caused injuries to the deceased but they are belied by the medical evidence because only 11 injuries were found on the person of the deceased. It is not possible that each of the accused would confine himself to causing one blow only to the deceased, even in that case the number of injuries should have been more on the person of ,the deceased. This fact leads to an irresistible conclusion that the number of accused has definitely been exaggerated by the complainant party and they have thrown the net too wide to implicate as many persons of the opposite side as possible. There absolutely no corroboration of the testimony of the eye-witnesses. Nothing incriminating had been recovered from the accused.
The dangs which were recovered were not produced in the Court, nor were they found to be stained with blood. The number of injuries found on the person of the deceased arc not commensurate with the number of accused. The motive and the medical evidence cannot furnish the required corroboration."
4. The arguments of the learned counsel for the petitioner hardly made any dent in the analysis of the evidence made by the learned Judges of the High Court. Since the ocular evidence in this case has come from very highly interested witnesses, which has not been corroborated from other independent source, we find that the High Court was justified in ordering the acquittal of the respondents.' The petition is thus dismissed.