GHULAM FARID vs GHULAM MUSTAFA and another
This petition is directed against the judgment of the Lahore High Court, which accepted the appeal of respondent No. 1 against his conviction and death sentence under Section 302 of the Pakistan Penal Code 1860, and set aside the same. The trial court had earlier convicted the respondent for causing the death of Hafiz Ahmed Yar and making a murderous assault, while acquitting the co-accused. The core legal question before the Supreme Court was whether the High Court's appreciation of evidence and acquittal of the respondent suffered from any illegality. The Supreme Court held that the High Court's findings were based on a correct, elaborate, and careful appraisal of evidence, noting that the eyewitnesses were not residents of the area and the injured witness did not support the prosecution version. Consequently, the Supreme Court dismissed the petition and refused leave to appeal, affirming the acquittal.
- Whether the High Court was justified in setting aside the conviction and death sentence under Section 302 of the Pakistan Penal Code 1860?
- Can the testimony of eyewitnesses whose presence at the crime scene is doubtful be relied upon for a capital conviction?
- Does the appraisal of evidence by the High Court warrant interference by the Supreme Court when based on safe principles of criminal administration of justice?
- Section 302, Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
' MUNIR A. SHEIKH, J.---This petition is directed against the judgment dated 23-7-2001 of the Lahore High Court, Multan Bench through which appeal filed by respondent No,1-Ghulam Mustafa against his conviction under section 302, P.P.C. And sentence of death recorded and awarded by the trial Court has been accepted and the said conviction and sentence set aside.
2. The facts of the case are that Ghulam Mustafa respondent No,1 alongwith Ghulam Mujtaba sons of Bashir Ahmed and Ghulam Sarwar son of Karim Bulchsh were tried in the Court of learned Additional Sessions Judge, Kot Adu Camp at Muzaffargarh for causing death of Hafiz Ahmed Yar and murderous assault upon Mst. Manzooran and Mst. Razia. The trial Court through judgment dated 10-10-1998 convicted respondent No,1-Ghulam Mustafa under section 302, P.P.C. And awarded him death sentence with a fine of Rs,50,000 in default whereof to undergo R.I. For three years. He was also directed to pay Rs,50,000 to the legal heirs, of the deceased by way of compensation as provided under section 544-A, Cr.P.C. In default whereof to undergo R.I. For three years. Ghulam Mujtaba and Ghulam Sarwar, were however, acquitted.
3. The appeal filed by Ghulam Mustafa and Murder Reference have been decided through the impugned judgment dated 23-7-2001 by a Division Bench of the Lahore High Court, Multan Bench whereby the said Murder 'Reference has been answered in negative and the appeal of Ghulam Mustafa accepted and his conviction and sentence set aside.
4. The learned Judges of the High Court came to the conclusion that the evidence of the present petitioner/complainant who appeared as P.W.2 and Muhammad Hussain P.W.3 who claimed to have witnessed the occurrence is not trustworthy as their presence on the spot was highly doubtful because they were not residents of the area where the occurrence took place. Mst. Manzoor Mai on whom murderous assault was allegedly made was examined by the trial Court as C.W.1 and she did not support the prosecution version but narrated a different story.
5. We have gone through the reasonings given by the learned Judges of the High Court in the impugned judgment and also the evidence produced by the prosecution and in particular the statement of Mst. Manzoor Mai/C.W.1 and find that the findings have been based on correct, elaborate and careful appraisal of evidence which in accordance with the principles laid down by the superior Courts for safe administration of criminal justice, as such, do not suffer from any illegality.
6. For the foregoing reasons, this petition being meritless is hereby dismissed and leave refused.