STATE through AdvocateGeneral, N.W.F.P. and anothers vs SHAH JEHAN and another
This matter concerns a petition for leave to appeal filed by the State against the acquittal of the respondent, Shah Jehan, by the Peshawar High Court. The respondent had been convicted by the Sessions Judge for the murder of his wife and sentenced to death under Section 302 of the Pakistan Penal Code 1860. The High Court subsequently set aside this conviction and acquitted the accused. The State sought leave to appeal, contending that the High Court erred in extending the benefit of doubt to the accused, particularly given that the murder occurred within the house, the incident was witnessed by the complainant (the deceased's father) and the accused's mother (who sustained injuries), and the case was supported by medical evidence, motive, and a retracted confession. The Supreme Court granted leave to appeal to consider whether the High Court was legally justified in its acquittal in light of the ocular and circumstantial evidence presented. The Court also ordered the issuance of bailable warrants against the respondent.
- Is the High Court legally justified in extending the benefit of doubt to an accused in a murder case where ocular evidence is supported by medical evidence and a retracted confession?
- Can leave to appeal be granted against an acquittal where the prosecution alleges that the High Court failed to properly appreciate the ocular and circumstantial evidence?
- Section 302, Pakistan Penal Code 1860
ORDER
' FAZAL ILAHI KHAN, J.---Shah Jehan son of Allah Bakhsh resident of village Arah Tehsil and District D.I. Khan was tried by learned Sessions Judge, D.I. Khan for the murder of his wife Mst. Harifa, in case F.I.R. No,251 dated 7-10-1991 of Police Station Saddar, D.I. Khan and on conviction sentenced to death vide judgment dated 8-5-1993, subject to confirmation, under section 302, P.P.C. The convict's Appeal No,7 of 1993 and the murder reference came for hearing before Peshawar High Court Circuit Bench, D.I. Khan and the learned High Court vide judgment dated 16-10-1993 accepted the appeal, set aside the conviction and acquitted the accused-respondent of the charge.
2. Leave to appeal is prayed for inter alia on the grounds that it was a case of sole accused charged for the murder of his wife inside the house and that the occurrence was witnessed by the complainant, father of the deceased, and the real mother of the accused-respondent, who was also injured, as is evident from the medical certificate available on the file. That in absence of any doubt about the misidentify of the accused-respondent and in view of the ocular evidence supported by the medical evidence furnished by the doctor, the motive, the rs retracted confession and other circumstantial evidence whether the High Court was legally justified in extending the benefit of doubt to the accused. Leave is granted to consider the above submissions.
' Bail able warrant in the sum of Rs,20,000 (Twenty thousand) with two sureties, returnable to the District Magistrate, D.I. Khan be issued against the accused-respondent.