BASHIR AHMAD vs MUHAMMAD ARSHAD and others
This matter concerns two petitions for leave to appeal against a consolidated judgment of the Lahore High Court, which maintained a conviction under Section 302 of the Pakistan Penal Code 1860 but commuted a death sentence to life imprisonment, while also dismissing a criminal revision petition regarding the acquittal of co-accused persons. The core legal questions were whether the conviction and sentence modification were justified based on the evidence, and whether the petition filed by the complainant was maintainable given the significant delay in filing. The Supreme Court held that the ocular evidence was consistent and reliable, and there was no reason to interfere with the High Court's lenient view regarding the sentence. Regarding the complainant's petition, the Court found it barred by a 48-day delay without a satisfactory explanation for condonation. The key principle laid down is that the Supreme Court will not interfere with a High Court's assessment of evidence where ocular testimony is consistent and credible, and that petitions for leave to appeal must be filed within the prescribed limitation period absent sufficient cause for delay.
- Whether the Supreme Court will interfere with a High Court's judgment where ocular evidence is found to be consistent and credible?
- Can a petition for leave to appeal be entertained by the Supreme Court if it is filed beyond the limitation period without a satisfactory explanation for the delay?
- Is the alteration of a death sentence to life imprisonment by the High Court a valid exercise of discretion when the evidence supports the conviction?
- Section 302, Pakistan Penal Code 1860
ORDER
' MANZOOR HUSSAIN SIAL, J.---By this order we propose to dispose of Jail Petition No,62 of 1993 and Criminal Petition No,230-L of 1993, as both these petitions are directed against consolidated judgment dated 27-10-1992, of the Lahore High Court, passed in Criminal Appeal No,447/1990 and Criminal Revision No,411 of 1990.
JAIL PETITION NO.62 of 1993
2. ' Muhammad Arshad convict through this petition seeks leave to appeal against judgment dated 27-10-1992, of the Lahore High Court, whereby his conviction under section 302, P.P.C. Was maintained and the sentence of death imposed upon him by the learned trial Judge was altered to imprisonment for life. We have perused the evidence on the record and find that the ocular evidence furnished by Bashir Ahmad complainant, and Manzoor Ahmad P.W.7 was consistent on all material points. The P.Ws. Closely related to the convict and they had no previous enmity or motive to falsely implicate him in a case entailing capital punishment. The learned High Court had already taken lenient view in altering the sentence of death to imprisonment for life. We, therefore, find no valid ground to interfere in the impugned judgment of the Lahore High Court. This petition has no merit, it is accordingly dismissed and leave refused.
CRIMINAL PETITION NO.230-L OF 1993.
3. Bashir Ahmad, father of the deceased Iftikhar Ahmad, petitioner herein, seeks leave to appeal against the judgment dated 27-10-1992 of the Lahore High Court, whereby death sentence awarded by the trial Court to Muhammad Arshad convict was not confirmed and was altered to imprisonment for life as also Criminal Revision No,41 of 1990, filed by him against the acquittal of Muhammad Ashraf, Muhammad Aslam and Salhoon was dismissed. As per office report this petition is barred by 48 days. The petitioner has not been able to furnish satisfactory explanation for coadunation of delay.
4. Resultantly this petition is dismissed being barred by time.