HAKIM KHAN vs THE STATE
This matter arises from a petition for leave to appeal filed by Hakim Khan against the Lahore High Court judgment dated 8-9-1991, which altered his death sentence to imprisonment for life under Section 302 of the Pakistan Penal Code 1860, along with a cross-petition by the complainant for enhancement of the sentence to death. The core legal question involved the appreciation of ocular evidence, motive, and the quantum of sentence for a conviction of murder. The Supreme Court of Pakistan held that the concurrent findings of guilt based on credible eye-witness testimony and recoveries were well-founded, and that the High Court rightly reduced the death sentence to life imprisonment given that the true motive remained shrouded in mystery. The petitions for leave to appeal and enhancement were both dismissed, affirming the modified sentence.
- Whether the High Court was justified in reducing the death sentence to imprisonment for life when the alleged motive remained shrouded in mystery?
- Does eye-witness testimony supported by recoveries provide a sufficient basis for a murder conviction under Section 302 of the Pakistan Penal Code 1860?
- Section 302, Pakistan Penal Code 1860
' MUHAMMAD RAFIQ TARAR, J.---Hakim Khan petitioner seeks leave to appeal from the judgment of a learned Division Bench of the Lahore High Court dated 8-9-1991 whereby his death sentence under section 302, P.P.C. Was altered to imprisonment for life and with this modification his appeal was dismissed. Lqbal Hussain complainant has moved Criminal Petition No,15-L/92 seeking enhancement of the sentence of the convict to death. Both these matters are being disposed of through this judgment.
2. The petitioner alongwith two others namely Sawans Khan and Muhammad Nawaz was tried by a learned Additional Sessions Judge on the allegation that on 14-4-1986 at 11-30 a.m. He committed the murder of Ashiq Hussain by causing him fire-arm injuries in pursuance of a conspiracy hatched by him and his aforesaid co-accused on 11-4-1986 in a Baithak situate in village Hernoli.
The motive alleged by the prosecution was that 1/1-2 years prior to the occurrence Khalas Khan maternal-uncle of Hakim Khan was murdered for which Abdul Wahid etc. Were challaned and the case was pending. Hakim Khan and other relatives of the deceased had a suspicion that Ashiq Hussain deceased had a hand in the murder of aforesaid Khalas Khan. By judgment dated 3-8- 1989 the petitioner was convicted under section 302, P.P.C. And sentenced to death and fine of Rs,20,000. His co-accused were however acquitted on the benefit of doubt.
3. At the trial Iqbal Hussain complainant and Noor Muhammad supported the prosecution version.
The prosecution also relied on the evidence relating to motive and recovery of pistol from the petitioner.
4. The petitioner pleaded not guilty to the charge and denied the prosecution allegation against him. He stated that Khalas Khan was murdered but the deceased had no hand in it. He professed innocence and stated that he was implicated due to enmity.
5. We have heard the learned counsel for the parties. The occurrence took place in a broad- daylight and Hakim Khan petitioner was named as a sole assailant of the deceased. After going through the record we find that the Courts below have on a detailed scrutiny of evidence believed the eye-witnesses A for valid reasons. The conviction is, therefore, well-founded. The High Court reduced the death sentence to imprisonment for life on the ground that the real motive for the murder was shrouded in mystery as Ashiq Hussain deceased was not an accused in the murder case of Khalas Khan maternal uncle of the petitioner. The learned counsel for the complainant has not been able to point out any infirmity in the above finding. In the circumstances there is no merit in either petition and both are dismissed.
Cited by 2 cases
- SHAMS KHAN vs STATE through A.G., AJK, Muzaffarabad and another 2017 PLJ Sh.C. (AJ&K) 100
- SHAMS KHAN Versus State 2017 PCrLJN 116