NIAZ AHMAD vs THE STATE and others
This criminal appeal arises from a conviction and death sentence imposed by the Additional Sessions Judge, Faisalabad, upon the respondents for the murder of Mst. Shamim Akhtar. The prosecution alleged that the respondents, armed with a knife and a hatchet, murdered the deceased in her home, motivated by a prior abduction of the wife of one of the respondents by the deceased's brother. The complainant, the husband of the deceased, claimed to have witnessed the incident upon returning home. The respondents denied the allegations during their statements under Section 342 of the Code of Criminal Procedure 1898. The trial court convicted both respondents under Section 302/34 of the Pakistan Penal Code 1860, sentencing them to death and imposing fines and compensation. The core legal matter concerns the sufficiency of evidence and the reliability of eyewitness testimony in establishing the guilt of the accused for the capital offense. The judgment affirms the conviction, emphasizing the corroborative value of the motive and the direct testimony provided by the witnesses, thereby upholding the trial court's assessment of the prosecution's case against the accused.
- Does the presence of a clear motive corroborate eyewitness testimony in a murder trial?
- Is a conviction under Section 302/34 of the Pakistan Penal Code 1860 sustainable when based on the testimony of the complainant and other eyewitnesses?
- What is the evidentiary value of a statement recorded under Section 342 of the Code of Criminal Procedure 1898 in the face of consistent prosecution evidence?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 342, Code of Criminal Procedure 1898
- Section 449, Pakistan Penal Code 1860
ORDER
1. ' RAJA AFRASIAB KHAN, J.---On 8-10-1990 at 6-45 a.m., a case under section 302/34, P.P.C. was registered with Police Station Chak Jhumra, District Faisalabad on the statement of Niaz Ahmad against Manzoor Hussain and Nazir Hussain for the murder of Mst. Shamim Akhtar. Niaz Ahmad the complainant (husband of Mst. Shamim Akhtar deceased) went out to water his fields. His wife (the deceased) was sleeping in the house alongwith children. At about 3-00 a.m. the complainant returned home only to hear hue and cry of his wife. He saw that Nazir Hussain and Manzoor Hussain, the respondents were armed with Chuuri and hatchet, respectively. They were giving blows to her with their weapons. After infliction of injuries, they ran away from the spot. The occurrence was witnessed by Ashfaq Ahmad (given up), Niaz Ahmad complainant (P.W.6) and Muhammad Hussain (P.W.5). Motive was that brother of Mst. Shamim Akhtar had abducted the wife of respondent Nazir Hussain about two years prior to the occurrence, Nazir Hussain had been demanding the return of his wife, Shamshad Bibi. A few days prior to the occurrence, Nazir Hussain and Manzoor Hussain, had threatened the complainant with dire consequences, in case, the above said woman was not returned to them. The prosecution, in order to prove its case, produced Faryad Ali P.W.1, Ghulam Muhammad P.W.2, Aurangzeb P.W.3, Hidayat Ali P.W.4, Muhammad Hussain P.W.5; Niaz Ahmad P.W.6, Dr. Iqbal Ahmad Javed P.W.7, Nasir Hussain P.W.8, Nazir Hussain P.W.9, Nazar Hussain P.W.10 and Muhammad Sajid P.W.11. The accused denied the allegations levelled against them in their statements under' section 342, Cr.P.C. An Additional Sessions Judge, Faisalabad vide his judgment dated 2-7-1992 convicted Manzoor Hussain and Nazir Hussain. Under section 302/34, P.P.C., they were sentenced to death plus fine of Rs.25,000 (rupees twenty-five thousand) each or in default to undergo S.I. for six months each. They were ordered to pay compensation of Rs.25,000 (Rupees twenty-five thousand) each to the legal heirs of the deceased or in default to undergo S.I. for six months each. Under section 449, P.P.C., they were sentenced to 7 years' R.I. and fine of