SHAUKAT NAZIR alias ZULFIQAR ALI alias BHUTTO and 2 others vs THE STATE
This petition for leave to appeal challenges a judgment of the Lahore High Court, which dismissed the petitioners' appeal and confirmed their death sentences for the murder of one Haji Sultan Ali and the attempted murder of Mst. Bashiran Bibi. The prosecution case relied on the testimony of the injured witness, Mst. Bashiran Bibi, and other evidence presented before the Special Judge, Anti-Terrorism Court, Sargodha. The petitioners were convicted under sections 302, 324, and 394 read with section 34 of the Pakistan Penal Code 1860. Before the Supreme Court, the petitioners argued that the identification of the accused was doubtful because the assailants had muffled their faces during the occurrence. Furthermore, they contended that since it was not established which specific accused inflicted the fatal injury, the imposition of the death penalty was not warranted. Upon hearing the arguments, the Supreme Court granted leave to appeal to reappraise the prosecution evidence to ensure the safe administration of justice, noting that the question of limitation would also be considered at the final hearing.
- Does the fact that assailants had muffled their faces during an occurrence create sufficient doubt regarding the identification of the accused?
- Is the imposition of the death penalty warranted when it cannot be established which specific accused inflicted the fatal injury in a joint criminal act?
- Under what circumstances will the Supreme Court grant leave to appeal to reappraise prosecution evidence in a criminal case?
- Section 161, Code of Criminal Procedure 1898
- Section 342, Code of Criminal Procedure 1898
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 392, Pakistan Penal Code 1860
- Section 394, Pakistan Penal Code 1860
- Section 459, Pakistan Penal Code 1860
- Section 460, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
' MIAN MUHAHMMAD AJMAL, J.---This petition through Jail, which is barred by 59 days, seeks leave to appeal against the judgment of the Lahore High Court, Lahore dated 13-7-1999, whereby Criminal Appeal No,156-J of 1998 of the petitioners was dismissed and death sentences awarded to the petitioners were confirmed.
2. Resume of the case is that Muhammad Aslam complainant alongwith one Muhammad Zafar came to the house of Haji Sultan Ali deceased on 24-12-1997 at 8-00 a.m. And knocked the door but no reply was received. The gate was closed from inside. They opened the door and entered the room of Sultan Ali, saw Mst. Bashiran Bibi wife of Sultan Ali in an injured condition while Sultan Ali was lying dead on the cot. They also saw scattered suit-cases and brief-cases at different places.
On their noise many persons from the locality gathered. Mst. Bashiran Bibi was taken to Bhalwal Hospital for medical examination and the complainant went to the Police Station and lodged the first information report. On 1-1-1998, Mst. Bashiran Bibi got her statement recorded under section 161, Cr.P.C. On 26-1-1998 Ghulam Abbas and Shahid Ali petitioners were arrested. On 16-2-1998 Shaukat Nazir was also arrested. After completion of investigation the challan was put in the Court of Special Judge, Anti-Terrorism Court, Sargodha Division, On 6-8-1998, they were charged under section 392/302/460/459, P.P.C., to which they pleaded not guilty and claimed trial. The prosecution, in order to prove its case, produced Dr. Muhammad Ali Khan P.W.1, Muhammad Iqbal Constable P.W.2, Muhammad Hafeez Khan Draftsman P.W.3, Sajjad Ahmed P.W.4, Muhammad Altaf Hussain P.W.5, Muhammad Arif P.W.6, Ghulam Hussain Constable P.W.7, Dr. Riaz Ahmed P.W. 8, Mazhar Hayat Constable P.W.9, Muhammad Aslam P.W.10, Mst. Bashiran Bibi P.W.11, Muhammad Asghar P.W.12 and Muhammad Anwar Rana, S.-I. P.W.
13. The prosecution; however, gave up Zafar Ullah, Zafar Iqbal, Muhammad Aslam Constable and Shamsher Ali Constable being unnecessary. The petitioners, in their statements under section 342, Cr.P.C., denied the allegations levelled against them and stated that it was a blind murder, Ch. Nazir Lambardar was a big landlord of the village, they were labourers and do work on daily wages, and Ch. Nazir had been off and on persuading them to work on his fields to which they did not agree, therefore, he became annoyed and in collusion with the police got the said case registered against them. The learned trial Court on conclusion of the trial found the petitioners guilty under sections 394/302/324/34, P.P.C. For the murder of Sultan Ali and sentenced them to death plus fine of Rs,1,00,000 each or in default to undergo ten years' R.I. Under section 324/34, P.P.C. They were sentenced to ten years' R.I. With fine of Rs,20,000 each or in default thereof to undergo two years' R.I.
Each for making murderous assault on Mst. Bashiran Bibi. They were also sentenced to ten years'
R.I. Plus fine of Rs,20,000 each under section 394/34, P.P.C. Or, in default to undergo two years' R.I.
Each. The petitioners challenged their conviction and sentences through Criminal Appeal No,156- J/1998 while the State filed Murder Reference No,206-T of 1998 for confirmation of their sentences.
The learned Division Bench of the High Court vide its judgment impugned herein dismissed the appeal of the petitioners and confirmed their death sentences.
3. We have heard the learned counsel for the petitioners at some length. According to him Mst.
Bashiran Bibi P.W.11 who got injured in the incident, in cross-examination, admitted that the accused at the time of occurrence, had muffled their faces, thus, it makes the identification of the accused doubtful. He further submitted that the petitioners, three in number, have been sentenced to death for a single murder and an attempt to murder on Mst. Bashiran Bibi though it has not been established as to who inflicted the fatal injury to the deceased, thus, in the circumstances capital punishment was not warranted.
4. After hearing the learned counsel for the petitioners we grant leave to reappraise the prosecution evidence for safe administration of justice. The question of limitation will also be considered at the time of hearing of the Weal.