Pakistan Case LawMUHAMMAD ZAMAN Versus THE STATE
The petitioner sought leave to appeal against a High Court judgment that dismissed his appeal against a conviction and sentence under Section 302 of the Pakistan Penal Code 1860 for the murder of Mst. Sahib Khatoon. While the trial court acquitted five co-accused, it convicted the petitioner. The High Court rejected the prosecution's theory of an ambushed murderous assault but maintained the conviction, reasoning that the incident arose from a dispute over fetching water and that the petitioner was motivated by a desire to avenge a prior murder of one Saadullah. The petitioner challenged this, arguing that the High Court's reasoning was factually incorrect because the incident occurred in August 1989, whereas the murder of Saadullah took place in January 1990, making the alleged motive impossible. The Supreme Court found that the High Court's reasoning was contrary to the record. Consequently, leave to appeal was granted to reappraise the evidence to ensure the safe administration of criminal justice.
- Can a conviction be sustained on a motive that is chronologically impossible based on the trial record?
- Does a factual error regarding the motive for a crime warrant the granting of leave to appeal in a criminal case?
ORDER
SALEEM AKHTAR, J.---The petitioner seeks leave to appeal against the judgment of the learned Judge in Chambers whereby his appeal against the conviction and sentence passed by the trial Court was dismissed. He was convicted under section 302, P.P.C. And sentenced to imprisonment for life with a fine of Rs,10,000 or in default six months' R.I. Originally six accused were challaned. Five were acquitted by the trial Court and the appeal of the petitioner has been dismissed and thus his conviction and sentence has been maintained.
2.The prosecution case is that on 23-8-1989 complainant Muhammad Akbar and Muhammad Khan and Muhammad Aslam sons of Sher Khan and Mst. Sahib Khatoon wife of Khan Zaman, his sister, were coming back after visiting their relations in Wandha Katey Khelanwala at about 5-00 p.m. When they reached the vicinity of Dera Awanwala, accused Khan Beg, Hakim Khan, Nasrullah, Muhammad Zaman, Shafaullah Khan and Abdul Ghani armed with fire-arms, who were hidding behind a Ghandi, emerged. Khan Beg and Nasrullah raised Lalkara to them that they shall not be spared alive. Simultaneously, Muhammad Zaman fired which hit Mst. Sahib Khatoon on her back on the right side and the shot found its exit from the front of abdomen. The other accused also fired, but did not hit anyone. The accused went towards their houses firing with their respective weapons. The motive was previous enmity between the parties. Mst. Shaib Khatoon died on 24-8- 1989. The learned Judge in Chambers after examining the evidence of the parties rejected the theory of ambushed murderous assault and the recoveries and did not accept the version of the petitioner. The learned Judge concluded that the incident appears "to have sparked off over fetching of water wherein the petitioner caused the fatal shot having the motive to avenge the last murder of Saadullah pending trial which distinguished his case from that of the acquitted co- accused".
The learned counsel for the petitioner contended that having rejected the prosecution version, the conviction has been maintained on completely irrelevant consideration and on totally wrong facts. The learned counsel pointed out that the incident occurred on 23-8-1989 while Saadullah was murdered in January 1990 and therefore the reasoning of the learned Judge is contrary to record. Leave is granted to appraise the evidence for safe administration of criminal justice.
Judges on this bench
- Abdul Qadeer Chaudhry1,248 judgments
- Saleem Akhtar1,928 judgments