MUHAMMAD AMJAD and others vs THE STATE and others
This matter concerns two criminal petitions arising from a private complaint for murder. In the first instance, the petitioners, Muhammad Amjad and Mehmood, were convicted of murder and sentenced to transportation for life, which the High Court subsequently modified to imprisonment for life with a fine, allegedly without providing notice to the convicts regarding this modification. The second petition, filed by the widow of the deceased, challenges the acquittal of other respondents and seeks the enhancement of the sentences imposed on the convicts. The Supreme Court granted leave to appeal in both petitions. The core legal questions involve whether the High Court erred in modifying the sentence without notice to the convicts and whether the lower courts adhered to established principles governing the appraisal of evidence in criminal cases. The Court ordered that both appeals be heard together to address these issues, specifically examining the procedural fairness of the sentence modification and the evidentiary standards applied by the trial and appellate courts in the underlying murder conviction.
- Can an appellate court modify a criminal sentence to the detriment of the convict without providing prior notice?
- What are the established principles governing the appraisal of evidence in criminal murder trials?
- Should separate petitions challenging conviction and acquittal in the same case be heard together?
ORDER
Criminal Petition No, 223-L of 1993 ' MUHAMMAD RAFIQ TARAR, J.---In this case Muhammad Amjad and Mehmood petitioners herein were convicted in a private complaint for the murder of Manzoor Ahmed and sentenced to "Transportation for life". On appeal to the High Court, their conviction was maintained but the sentence was altered to imprisonment for life and a fine of Rs,25,000 each.
2. According to the learned counsel the above modification in the sentence was without notice to the convicts. After hearing him we grant leave to appeal to consider inter alia whether the principles governing appraisal of evidence as laid down by this Court were kept in view by the Courts below while examining the evidence on the record.
Criminal Petition No,241/L of 1993 The above petition challenging acquittal of respondents Nos.3 to 6 and seeking enhancement of sentence of respondents Nos.1 and 2 has been filed by Mst Sharifan widow of Manzoor Ahmed deceased. Since leave to appeal has been granted to the convicts in the connected petition, we also grant leave in this petition. Mr Muhammad Munir Khan counsel for the petitioners in the connected petition accepts notice on behalf of all the respondents. Both the appeals shall be heard together.