MUHAMMAD AFZAL and anothers vs THE STATE
The petitioners sought leave to appeal against the order of the High Court dismissing their application under Section 426, Code of Criminal Procedure 1898 for suspension of the sentence of life imprisonment passed by the trial court. The core legal question was whether the petitioners were entitled to suspension of sentence pending appeal in view of the apparent contradiction between the ocular account and the medical evidence, coupled with the acquittal of all co-accused. The Supreme Court of Pakistan held that the petition should be converted into an appeal and allowed, thereby suspending the sentence of the petitioners. The key principle laid down is that where ocular allegations regarding specific firearm injuries attributed to the accused are contradicted by the medical report, and co-accused have already been acquitted, a fit case is made out for suspension of sentence during the pendency of the appeal.
- Whether the sentence of life imprisonment can be suspended under Section 426, Code of Criminal Procedure 1898 when medical evidence contradicts the ocular account?
- Does the acquittal of co-accused furnish a ground for the suspension of sentence of the remaining convicts?
- Can the Supreme Court convert a petition for leave to appeal into an appeal and grant interim relief based on contradictions in the record?
- Section 426, Code of Criminal Procedure 1898
ORDER
' SALEEM AKHTAR, J.-The petitioners seek leave to appeal against the order of the learned Judge in Chambers of the High Court whereby their application under section 426, Cr.P.C. For supension of the sentence passed by the learned Additional Sessions Judge has been dismissed.
2. The petitioners alongwith other six co-accused were alleged to have committed murder of Arshoo. According to the complainant (P.W.6) his father Arshoo deceased and other witnesses were present in the Bazaar of Village Laundi Saidan when suddenly the petitioners, Sahiban, Balachh, Mehr Bakhsh, Sardar, Jalam and Sher All emerged there raising Lalkara against the deceased. Sardar was armed with .12 bore gun and all other accused were armed with a rifle each.
It was alleged that Sher All accused fired at the deceased, but the same proved ineffective. Faiz All petitioner No,2 then fired at the deceased which hit right side of his head. Muhammad Afzal petitioner No,1 is alleged to have fired at the deceased which hit him on front chest on the left ribs.
When the deceased fell down, Sahiban and Balachh fired at the fallen deceased which hit him on his back. The other accused fired in the air to scare the people and then all of them fled away from there. The learned trial Court acquitted all the accused except the petitioners and awarded life imprisonment and fine. The petitioners' application for suspension of sentence was dismissed by the impugned order.
3. The learned counsel for the petitioners contended that in the F.I.R. Specific role has been assigned to the petitioners for causing injury on the forehead and chest, but from the medical report it is clear that these injuries were not found on the body of the deceased. In this background the learned counsel contended that the medical evidence contradicts the allegations' made against the petitioners. After hearing the learned counsel notice was issued to the State. The learned counsel appearing for the State frankly stated that the position of injuries as alleged by the learned counsel for the petitioner is supported by the record, particular the medical report. In view of this contradiction and as all other accused have been acquitted, we convert this petition into appeal and allow it. Sentence of the petitioners is suspended and they will be released on furnishing two sureties each in the sum of Rs, 25,000 each to the satisfaction of Assistant Commissioner, Jampur, District Rajanpur.
Cited by 5 cases
- BHUTTO Versus State 2017 PCrLJN 66
- MUHAMMAD ARSHAD Versus State 2006 PCRLJ 1568
- NAZIR AHMED and another vs THE STATE and others 2014 PLD Supreme Court 241
- Nazir Ahmed and another vs The State, etc 2014 NLR Criminal 346, 2014 PSC (Crl.) 6
- NAZIR AHMED, SAYYED MAZAHAR ALI AKBAR NAQVI vs THE STATE, ETC. 2014 NLR Criminal 346