ALLAH BUX vs ABDUL GHANI alias ALAWALA and anothers
This petition for leave to appeal challenges a judgment of the High Court of Sindh, which set aside the conviction and sentence of the respondent for murder. The respondent had originally been convicted by the trial court under Section 302 of the Pakistan Penal Code 1860, receiving a life sentence and a fine, with compensation awarded to the legal heirs. The petitioner, the complainant, argues that the High Court erred in disbelieving the ocular testimony of three prosecution witnesses, including two who were unrelated to the deceased, and asserts there was no motive for false implication. The Supreme Court, upon reviewing the ocular evidence presented by the prosecution, found sufficient grounds to examine whether the High Court properly appraised the evidence and drew correct inferences. Consequently, the Court granted leave to appeal to determine if the appellate court's rejection of the prosecution's evidence was legally sound and justified based on the record.
- Whether the High Court properly appraised the ocular evidence on record in setting aside a conviction for murder?
- Did the High Court correctly draw inferences from the testimony of unrelated eye-witnesses in a criminal appeal?
- Section 302, Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
- Section 382-B, Code of Criminal Procedure 1898
ORDER
' AJMAL MIAN, C.J.---This is a petition for leave to appeal against the judgment, dated 16-9-1998 passed by a learned Single Judge of the High Court of Sindh in Criminal Appeal No.93 of 1998 filed by the respondent No.1 against the judgment, dated 30-5-1998 of the learned 1st Additional Sessions Judge, Karachi (West) in Sessions Case No.288 of 1989 convicting respondent No.1 under section 302, P.P.C. And sentencing him for imprisonment for life and of Rs.20,000 and in default to suffer R.I. For two years. It is further ordered that in case the fine amount was realised, the same be paid to the legal heirs of the deceased as compensation under section 544-A, Cr.P.C. Respondent No.1 was also granted benefit under section 382-B, Cr.P.C. Towards computation of his sentence.
The above appeal has been allowed by the learned Judge in Chambers through the above judgment, whereby the conviction and sentence have been set aside. The petitioner/complainant has filed the present petition for leave to appeal.
2. In support of the above petition Mr. Ali Akbar, learned Advocate Supreme Court appearing for the petitioner, has vehemently contended that the prosecution had examined, inter alia, three witnesses, namely complainant Allah Bux, P.W.1, Muhammad Ali, P.W.4 and Ameer Baloch, P.W.5, out of which the latter two were not related to the deceased and, therefore, there was no justifiable reason for the learned Judge in Chambers to disbelieve the above ocular testimony of the above eye-witnesses. It has been further contended by him that there was no plausible motive on the part of the complainant party to falsely implicate respondent No.1 in place of the real culprit.
3. With the assistance of Mr. Ali Akbar we have gone through the ocular evidence produced by the prosecution and we are inclined to grant leave to consider as to whether the learned Judge in Chambers has properly apprised the evidence on record and has correctly drawn the inference therefrom. Leave is accordingly granted. Bailable warrants in the sum of Rs.50,000 (Rupees fifty thousand) shall be issued against respondent No.l. To be furnished to the satisfaction of the trial Court.