ARIF HUSSAIN vs THE STATE
This matter involves a petition for leave to appeal against an order of the Lahore High Court, which maintained the petitioner's conviction for murder while acquitting his co-accused. The petitioner, along with others, was charged with throwing acid on his step-mother, Mst. Sabban, which resulted in her death. The core legal question was whether the prosecution had sufficiently established the petitioner's guilt and whether the cause of death was indeed the acid attack, as opposed to a chronic disease as contended by the defense. The Supreme Court of Pakistan held that the prosecution's case was well-established, noting that medical evidence corroborated that the acid attack caused the death. The Court rejected the defense's argument regarding the cause of death, affirming that the petitioner was responsible for the gruesome murder. Consequently, the Court dismissed the petition and declined leave to appeal, upholding the conviction and sentence imposed by the trial court and maintained by the High Court.
- Is the conviction for murder sustainable when medical evidence confirms death resulted from an acid attack despite defense claims of chronic illness?
- Does the acquittal of co-accused automatically invalidate the conviction of the principal accused in a murder case?
- Section 302, Pakistan Penal Code 1860
ORDER
1. ' RIAZ AHMED, C.J.-Leave to appeal is sought against the order dated 7-8-2001 of the Lahore High Court, Lahore whereby a learned Single Judge of the High Court dismissed the appeal preferred by the petitioner assailing his conviction on the charge under section 302, Pakistan Penal Code while his co-accused Ashiq Hussain and Nasir Hussain were acquitted of the charge.
2. ' The facts in brief are that petitioner-Arif Hussain alongwith his brothers Ashiq Hussain and Nasir Hussain and one Ejaz Hussain Shah was tried by Additional Sessions Judge, Toba Tek Singh for having committed the murder of Mst. Sabban, the step-mother of the petitioner and his brothers.
3. The deceased married the father of the petitioner to which they have grudge. On the fateful day the deceased went to the house of Zawar Hussain for condolence of the mother of the Zawar Hussain. It is alleged that Arif Hussain alongwith his co-accused came there holding a jug containing acid while Ijaz Hussain was holding a glass full of acid. Ashiq Hussain and Nasir Hussain caught hold of the deceased and the petitioner poured acid over the face and various parts of the body of the deceased. She was removed to the Tehsil Hospital for medical assistance. The occurrence took place on 13-12-1996. F.I.R. Was lodged on 19-12-1996. The statement of the deceased was recorded on 11-1-1997 and she named the petitioner and his co-accused responsible for throwing acid on her. Mst. Sabban succumbed to the injuries on the night between 19/20 of February, 1997.
4. ' Learned trial Judge found the petitioner alongwith Ashiq Hussain and Nasir Hussain guilty of the said charge and sentenced them to undergo life imprisonment and to pay a fine of Rs,50,000 each and in default whereof they will suffer further R.I. For five years each. On appeal the learned Single Judge vide judgment impugned acquitted Ashiq Hussain and Nasir Hussain while the conviction of the petitioner was maintained.
5. After hearing the learned counsel for the petitioner and having gone through the record of the case we are of the view that the prosecution case stands established on record. Medical evidence also corroborates the case of the prosecution that acid was thrown on the deceased, which caused her death. Learned counsel states that death was not caused due to the acid thrown on the deceased but she died due to some chronic disease. We are afraid the contention of the learned counsel has no force. Deceased was done to death in a gruesome manner and the petitioner was responsible for causing the death of the deceased. The judgment impugned is not open to any exception.
6. Hence his petition is dismissed and leave declined.