GHULAM MUHAMMAD vs MUHAMMAD NAWAZ alias Kulla and others
This petition for leave to appeal challenges a judgment of the Lahore High Court which acquitted the respondents, Muhammad Nawaz, Liaqat, and Riaz, who had been convicted by the trial court for the murders of Sarfraz and Muhammad Anwar. The trial court had sentenced two respondents to death and one to life imprisonment under the Pakistan Penal Code. The High Court subsequently overturned these convictions and acquitted the respondents. The Supreme Court, upon reviewing the petition and the impugned judgment, granted leave to appeal. The core legal question concerns the propriety of the High Court's rejection of eye-witness testimony based solely on the existence of prior enmity and a history of murder cases involving the witnesses. The Supreme Court held that the reasons provided by the High Court for disbelieving the eye-witnesses and the motive required re-appraisal. Consequently, the Court granted leave to appeal to examine the evidence and issued bailable warrants for the arrest of the respondents to ensure their presence during the appellate proceedings.
- Can an appellate court reject eye-witness testimony solely on the ground of prior enmity?
- Is the existence of a history of murder cases against eye-witnesses a sufficient ground to disbelieve motive in a criminal trial?
- Under what circumstances will the Supreme Court grant leave to appeal against an acquittal judgment?
- Section 302(b), Pakistan Penal Code 1860
ORDER
' RASHID AZIZ KHAN, J.---Facts leading to the filing of this petition are that Muhammad Nawaz, Liaqat and Riaz, respondents Nos.1 to 3, were initially reported against alongwith nine others for the murders of Sarfraz and Muhammad Anwar. The trial Court vide its judgment dated 6-11-1998 acquitted all the accused except Muhammad Nawaz, Liaqat and Riaz. Muhammad Nawaz and Liaqat respondents were sentenced to death under section 302(b), P.P.C. While Riaz respondent was sentenced to imprisonment for life. Appeal filed by the aforesaid three respondents was accepted by a learned Division Bench of the Lahore High Court and they were acquitted. The petitioner has challenged the said judgment of acquittal recorded by the High Court.
2. We have heard the learned counsel for the petitioner and with his assistance perused the judgment impugned. We are inclined to grant leave to appeal to re-appriase the evidence with a view to examine the reasons given by the learned Division Bench whereby the eye-witnesses were not relied upon solely on the ground that they also had enmity and should have been done to death if were present at the spot and that the motive was disbelieved simply on the ground that the long history of murder cases was there against the eye-witnesses. Let bailable warrants of arrest be issued against Muhammad Nawaz, Liaqat and Riaz respondents in the sum of Rs,50,000 each with two sureties each returnable to the District Magistrate, Sargodha. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.