NOOR KHAN vs THE STATE
This petition is directed against the judgment of the Lahore High Court upholding the conviction of the petitioner for murder while altering the sentence from death to imprisonment for life. The core legal question involves the appreciation of evidence, specifically whether ocular testimony disbelieved regarding the majority of co-accused can be acted upon against the remaining petitioner without independent and material corroboration, alongside contentions regarding motive and contradictions between ocular and medical evidence. The Supreme Court granted leave to consider these contentions regarding the safety of relying on tainted evidence for sustaining the conviction.
- Can ocular testimony disbelieved qua majority of accused be acted upon against a sole remaining accused without independent corroboration?
- Whether contradictions between ocular testimony and medical regarding firing distance warrant interference with conviction?
- Does the absence of direct motive against a petitioner affect the sustainability of a murder conviction?
- Section 302, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 302(a), Pakistan Penal Code 1860
- Section 302(b), Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
ORDER
' SH. IJAZ NISAR, J.---This petition is directed against the judgment, dated 18-11-1997, passed by the Lahore High Court, Lahore, in Criminal Appeal No,296 of 1996.
2. The fact, in brief, are that Noor Khan petitioner alngwith 4 others was tried for the murder of Khalas Khan deceased with a fire-arm. By judgment, dated 27-3-1996, the Judge Special Court Suppression of Terrorist Activities, Faisalabad and Sargodha Division, convicted the petitioner under section 302/149, P.P.C. And sentenced him to death, while his co-accused were also convicted and sentenced to imprisonment for life. They were also convicted under section 148, P.P.C. And sentenced to 3 years' R.I. Each. By judgment dated 18-11-1997 the learned High Court dismissed the appeal of Noor Khan petitioner, but altered his conviction from section 302(a), P.P.C.
To section 302 (b), P.P.C., and also altered his sentence from death to imprisonment for life plus a fine of Rs,50,000. However, co-accused of the petitioner were given the benefit of doubt and acquitted.
3. Leave is sought on the grounds that the petitioner had no direct motive against the deceased and if, at all, anybody was aggrieved against the complainant party, it was Khan Amir Khan accused (since acquitted) who had been assaulted by Muhammad Aslam complainant and was being tried under section 324, P.P.C. It is further stated that there is a serious contradiction between the ocular testimony and the medical evidence with regard to the distance from which the shots were fired at the deceased. It is next contended that the testimony of the eye-witnesses having been disbelieved qua majority of the accused, could not have been acted upon against the petitioner alone in the absence of any independent/material corroboration.
4. Leave is granted to consider the abovenoted contentions.
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