Pakistan Case LawRAB NAWAZ and anothers Versus THE STATE
This matter concerns a petition for leave to appeal against a judgment of the High Court, which maintained the convictions and sentences of the petitioners under Section 302/34 of the Pakistan Penal Code 1860. The prosecution alleged that the accused, armed with guns, attacked the deceased due to a motive involving illicit relations. The trial court convicted the petitioners, while acquitting a co-accused. The primary legal question before the Supreme Court is whether the lower courts failed to properly evaluate the defense's plea in juxtaposition with the prosecution's evidence, particularly regarding the nature of the injuries and the credibility of the prosecution's version of events. The defense argued that only one accused admitted to the act, which was committed under sudden provocation, and that the nature of the injuries—all on the legs—contradicts the prosecution's claim that multiple armed assailants fired shots. The Supreme Court granted leave to appeal to reappraise the evidence, holding that the consistency of the prosecution's narrative regarding the involvement of multiple shooters requires further judicial scrutiny in light of the specific injury patterns presented.
- Does the nature of injuries on a deceased's body, specifically when limited to non-vital areas, warrant a reappraisal of the prosecution's claim regarding the number of assailants involved?
- Is it a legal error for lower courts to fail to consider the defense's plea in juxtaposition with the prosecution's evidence?
ORDER
ABDUL QADEER CHAUDHRY, J.---Leave to appeal has been sought against the judgment of the High Court dated 16-2-1993.
2.The trial Court convicted and sentenced Muhammad Khan, Rab Nawaz and Khalid, under section 302/34, P.P.C., but Talib co-accused was acquitted. The High Court maintained the conviction and sentence of the petitioners.
3.According to the prosecution, Muhammad Khan, Rab Nawaz, Khalid Masood and Imtiaz (proclaimed offender), all armed with .12-bore guns, and Talib Hussain empty-handed came to the place of occurrence. Talib accused raised a Lalkara that they would teach lesson to Shaukat Abbas for the dishonour. On this Muhammad Khan fired with his gun directly towards Shaukat Abbas which hit him on the right leg. Then Khalid and Imtiaz (P.O.) fired with their respective guns which hit him on the right and left legs. He fell down on the ground. Rab Nawaz also fired at Shaukat Abbas deceased which hit him on his left leg. The motive alleged by the prosecution was that Muhammad Khan accused had suspicion that Shaukat Abbas deceased had illicit relations with his sister Mst. Bevi. The plea of Muhammad Khan accused is to the following effect:--
"On the day of occurrence I was going to my Dera. I was holding gun of my brother-in-law who was coming behind me. When I reached near the garden of Khadim s/o Kamal and saw my sister Mst. Bevi with the deceased in suspicious condition I could not bear it, and with sudden provocation fired on the legs of deceased. None accused except me was present at the spot and no prosecution witness was present at the spot. Only to conceal the bad act of deceased, his relatives P.Ws. Gave false evidence against me."
4.The learned counsel for the petitioners has submitted that the Courts below have not considered the case of the defence in juxtaposition to the prosecution case.. He has contended that only Muhammad Khan admitted his guilt. The shots hit at the legs and not on any other parts of the body of the deceased. According to the prosecution, all the accused were armed with guns and there were six injuries on the person of the deceased. The learned counsel stated that the nature of injuries show that this was the act of single person, and it cannot be believed that five accused one after the other had caused one fire shot from their respective weapons.
Leave is granted to appraise the evidence.
Judges on this bench
- Saleem Akhter760 judgments
- Abdul Qadeer Chaudhry1,248 judgments