KARAM HUSSAIN vs THE STATE
This petition for leave to appeal was filed by the convict Karam Hussain challenging the judgment of the Lahore High Court confirming his conviction and sentence of life imprisonment for the murder of Hazoor Ahmed. The trial court had convicted the petitioner along with two co-accused based on "last seen" evidence, motive, medical evidence, and recoveries. While the High Court acquitted the two co-accused, it dismissed the petitioner's appeal and upheld his conviction. The core legal question before the Supreme Court was whether the petitioner's conviction could be sustained solely on "last seen" evidence and motive, particularly when co-accused facing similar charges were acquitted and recoveries were subject to conflicting evaluations. The Supreme Court held that a fit case for granting leave to appeal was made out to examine the sustainability of the conviction under these circumstances. The key principle laid down is that where co-accused are acquitted on the same evidence, the sustainability of a remaining accused's conviction based on circumstantial evidence like "last seen" and motive requires closer examination by the apex court.
- Whether the conviction of an accused can be sustained on "last seen" evidence and motive when co-accused facing the same allegations have been acquitted?
- Can contradictory findings by the High Court regarding the evidentiary value of weapon recoveries form a valid basis for upholding a murder conviction?
- Whether a case for leave to appeal is made out when the prosecution case rests entirely on circumstantial evidence and suspicion?
ORDER
' NASIR ASLAM ZAHID, J.--This petition has been filed by convict Karam Hussain son of Muhammad Sadiq challenging the impugned judgment dated 23-9-1997 of the Lahore High Court whereby his conviction and sentence for the murder of Hazoor Ahmed for which he was given life imprisonment by the trial Court have been confirmed. We have heard Mr. Shahid Hussain Kadri, learned Advocate Supreme Court for the petitioner.
2. Two other co-accused namely, Ahmad Din and Ghulam Muhammad faced trial before the trial Court alongwith petitioner Karam Hussain for the murder of Hazoor Ahmed. There is no eye-witness in this case and the trial Court convicted all the three accused on the basis of "last seen" evidence given by P.W.7 Sana Ullah; motive as against petitioner Karam Hussain; medical evidence and recovery of arms from the accused and the report of the ballistic expert. Two separate criminal appeals were filed before the High Court, one by petitioner Karm Hussain and other jointly by the two other co-accused against their conviction and sentence of life imprisonment awarded to them. The trial Court allowed the criminal appeal of the co-accused but dismissed the criminal appeal of the appellant.
3. It has been submitted by learned counsel for the petitioner, Karam Hussain, that the prosecution case is mainly based on suspicion; there is no distinguishing features between the case of the petitioner and the two acquitted co-accused and, in so far as the recovery is concerned, at one place the High Court disbelieves the recovery but while confirming the conviction of the petitioner has taken the recovery as a corroborative piece of evidence.
4. In our view a case for grant of leave is made out. Accordingly, this petition is allowed and leave is granted to consider whether on the basis of "last seen" evidence together with the motive alleged in the case against the petitioner, the High Court was right in sustaining the conviction of the petitioner specially in view of the fact that the other two co-accused were acquitted.