MASHA KHAN vs CHAMNAI KHAN and another
This matter arises from a criminal petition for leave to appeal filed against the judgment of the Peshawar High Court, whereby the respondent, tried and convicted under section 302/34 of the Pakistan Penal Code 1860, was acquitted and given the benefit of the doubt on the ground that the eye-witnesses were related and lacked sufficient corroboration. The core legal question is whether the High Court appraised the evidence in accordance with sound principles for the administration of criminal justice, specifically regarding the weight given to corroborative evidence of absconsion and statements recorded under section 512 of the Code of Criminal Procedure 1898. The Supreme Court granted leave to examine the appraisal of evidence by the High Court and ordered that bailable warrants be issued.
- Whether the High Court properly appraised the evidence in accordance with sound principles for the administration of criminal justice?
- What is the evidentiary value of absconsion as corroborative evidence when evaluating a murder conviction?
- How should statements recorded under section 512 of the Code of Criminal Procedure 1898 be considered in absconsion proceedings?
- Section 302/34, Pakistan Penal Code 1860
- Section 512, Code of Criminal Procedure 1898
ORDER
SAJJAD ALI SHAH, C.J.---Respondent Chamnai Khan was tried for offence under section 302/34, P.P.C. And was convicted and sentenced to life imprisonment with a fine of Rs.50,000 or in default R.I. For three years. He was directed to pay compensation of Rs.40,000 to the legal heirs of the deceased or in default to suffer R.I. For six months. Co-accused Qadir absconded. The Peshawar, High Court has allowed the appeal and set aside the conviction and sentence on the ground that the eye-witnesses are related to the deceased and that there was not enough corroborative evidence to make out a case for conviction, hence benefit of doubt was extended.
2. It is submitted before us that both the parties are closely related and that it is admitted fact that there was dispute between them over the property. High Court has not given proper weight to the corroborative evidence of absconsion and has not considered the statement of Mir Alam Khan, who was murdered during trial proceedings, and whose -statement was recorded under section 512, Cr.P.C. In absconsion proceedings. Leave is granted t examine whether the High Court have appraised the evidence in accordance with A the sound principles laid dawn for administration of criminal justice. Bailable warrants be issued in the sum of Rs.20,000 with the surety and P.R. In the like amount. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.