KHUSHI MUHAMMAD vs STATE and 3 others
This petition for leave to appeal arises from a judgment of the Lahore High Court, which dismissed a revision petition challenging the acquittal of respondents in a murder case under Section 302 of the Pakistan Penal Code 1860. The prosecution alleged that the respondents killed the deceased, Zulfiqar, following a confrontation. The trial court acquitted the respondents, a decision subsequently upheld by the High Court. Before the Supreme Court, the petitioner contended that the lower courts failed to properly evaluate the eye-witness testimony and ignored an alleged admission of guilt made by the respondents in a prior bail application. The petitioner sought leave to appeal and permission to produce additional evidence regarding this admission. Upon review, the Supreme Court found that the submissions regarding the alleged admission required further examination. Consequently, the Court granted leave to appeal against two respondents, Muhammad Idrees and Muhammad Hussain, while dismissing the petition against the third respondent, Bashir Ahmad. The Court directed that the admissibility of the alleged admission made at the bail stage would be determined by the appellate bench.
- Can an admission made by an accused in a bail application be considered as evidence in the main trial?
- Under what circumstances can the Supreme Court grant leave to appeal against an acquittal upheld by the High Court?
- Is it permissible to produce additional evidence at the appellate stage to prove an admission made by the accused during bail proceedings?
- Section 302, Pakistan Penal Code 1860
ORDER
' MUHAMMAD RAFIQ TARAR, J.---This petition for leave to appeal by Khushi Muhammad complainant is directed against the judgment of a learned Single Judge of the Lahore High Court dated 22-4-1991 whereby his Revision Petition calling in question the acquittal of the respondents of the charge under section 302, P.P.C., was dismissed.
2. The case of the prosecution was that on 30-7-1988 at 11-00 a.m. The respondents namely Idrees armed with a gun, Muhammad Hussain armed with stick and their father Bashir Ahmad empty- handed confronted Zulfiqar deceased when he was going to his house in the company of his father Khushi Muhammad and brother Sifat Elahi. On the Lalkara of Bashir Ahmad, Idrees respondent fired a shot hitting Zulfiqar on the left flank, and Muhammad Hussain gave him stick blows on the back of his chest. He was removed to the hospital where he succumbed to his injuries soon after.
3. At the trial Khushi Muhammad complainant and Zafar P.W.7 supported the prosecution version.
The prosecution also relied on the evidence relating to the motive and recoveries.
4. The respondents pleaded not guilty to the charge and denied the prosecution allegations against them. No evidence was led in defence.
5. The trial Court disbelieved the prosecution evidence and acquitted the respondents of the charge. The finding was upheld by the High Court.
6. Learned counsel for the petitioner contends that the eye-witnesses had no motive for false implication and their evidence has been rejected by the Courts below without any justification. He further submits that the respondents had admitted in their bail application that the deceased was killed by their firing but this aspect was not adverted to by the Courts below. He seeks permission for production of additional evidence to prove that said admission. He, however, does not press the petition against Bashir Ahmad respondent.
7. After going through the record we feel that the submissions made by the learned counsel required examination. Accordingly leave is granted against Muhammad Idrees and Muhammad Hussain respondents but the petition in so far as it relates to Bashir Ahmad respondent is dismissed without prejudice.To the case of aforesaid respondents on this ground.
8. Bailable warrants be issued against Muhammad Idrees and Muhammad Hussain respondents for appearance in this Court in the sum of Rs,10,000 each with two sureties each in the like amount to the satisfaction of A.C., Kasur.
9. The petitioner may file an application for 'additional evidence on question of admission through lawyer at bail stage. The Appeal Bench will decide the question of admissibility or otherwise of the alleged admission. Copy of the application alongwith proposed evidence shall be given to the learned counsel for the respondents.