GUL KHAN vs The STATE
This matter arises from a petition for leave to appeal filed by the petitioner against the judgment of the Lahore High Court upholding his conviction and death sentence for murder under Section 302 of the Pakistan Penal Code 1860. The core legal question concerns the consistency of judicial appreciation of ocular testimony, specifically whether eye-witness accounts that were disbelieved and rejected with respect to co-accused who were subsequently acquitted can be legally relied upon to convict and sentence the remaining accused to death. The Supreme Court granted leave to appeal to examine this contention regarding the credibility and differential treatment of ocular evidence against co-accused.
- Can ocular evidence found unworthy of credence against acquitted co-accused be relied upon to convict another accused?
- Whether the conviction of an accused can be sustained solely on eye-witness testimony rejected for co-accused?
- Section 302, Pakistan Penal Code 1860
ORDER
MANZOOR HUSSAIN SIAL, J.---Leave to appeal is sought by the petitioner against judgment dated 22-2-1995 of the Lahore High Court passed in Criminal Appeal No.1261 of 1991; Murder Reference No.525 of 1991 and Criminal Revision No.34 of 1992.
2. Mohabbat Khan son of Mehrban Khan was murdered on 31-3-1989 at 5-30 p.m. Near the Dera of Mehr Khan Police Station Mochh, District Mianwali. The petitioner, his brother Ataullah Khan and his to sons Suba Khan and Shah Jehan were charged for his murder. The petitioner reportedly absconded; he was declared to be a proclaimed offender, whereas other three accused were tried by the Additional Sessions Judge, Mianwali. Shah Jehan and Suba Khan were acquitted on 1-7- 1990. Ataullah was, however, convicted under section 302, P.P.C. And sentenced to imprisonment for life and fine of Rs.10,000; in default to suffer R.I. For one year. He, however, was acquitted, on appeal, by the High Court on 21-9-1992.
3. The petitioner was arrested on 13-7-1990. He was separately tried by the Sessions Judge, Mianwali. As a result of the trial, he was found guilty for the murder of Mohabbat Khan and convicted under section 302, P.P.C. He was awarded death sentence in addition to fine of Rs.1,00,000 or to undergo R.I. For four years.
The petitioner challenged the aforementioned order in appeal before the Lahore High Court which was dismissed vide impugned judgment dated 22-2-1995, referred to above.
4. After hearing learned counsel for petitioner, we grant leave to examine the contention raised by the learned counsel for the petitioner that the ocular evidence furnished by both the eye-witnesses was not considered worthy of credence qua the acquitted co-accused but was relied upon as against the petitioner and awarded death penalty on him.