ASHRAF MASIH alias ACCHHU vs THE STATE
This petition for leave to appeal was directed against the judgment of the Lahore High Court, which confirmed the petitioner's conviction under Section 302 of the Pakistan Penal Code 1860 and the sentence of death awarded by the trial court. The prosecution's case was based on the ocular account of two eyewitnesses who were travelling on a tanga with the deceased when the petitioner allegedly shot him with a carbine. This ocular evidence was corroborated by medical evidence showing firearm injuries. The Supreme Court of Pakistan evaluated whether the findings of the lower courts were based on any misreading or non-reading of material evidence. The Court held that the conviction was recorded in accordance with the established principles for the appraisal of evidence in criminal cases for the safe administration of justice. Finding no legal infirmity in the impugned judgment, the Supreme Court dismissed the petition.
- Whether a conviction for murder can be sustained based on the ocular account of eyewitnesses corroborated by medical evidence?
- What is the standard of review for the Supreme Court when assessing whether lower courts misread or ignored material evidence in a criminal trial?
- Whether a death sentence under Section 302 of the Pakistan Penal Code 1860 is liable to be interfered with if the conviction is recorded in accordance with established principles of safe administration of criminal justice?
- Section 302, Pakistan Penal Code 1860
' MUNIR A. SHEIKH, J.---This petition is directed against the judgment, dated 25-10-2001 of the Lahore High Court, through which conviction recorded by the trial Court against the petitioner under section 302, P.P.C. And sentence of death awarded to him has been confirmed by dismissing his appeal and answering Murder Reference in affirmative.
2. The petitioner was tried for the murder of Qayyum Masih. According to the version given in the F.I.R. The complainant Lawrance Masih (P.W.4) alongwith his brother Qayyum Masih (deceased) and Basharat Masih (P.W.5) and another Joerge Masih was travelling on a Tanga. The present petitioner who was sitting on the rear seat of the Tanga came down and with his Carbine fired at the deceased on account of which he died at the spot. The ocular account of the incident has been given by the P.W.4 (complainant) and Basharat Masih, who were travelling in the same Tanga.
Their evidence was found to have been corroborated by the medical evidence, as the doctor who had conducted the post-mortem found the deceased sustained fire-arm injuries.
3. The trial Court after considering the ocular account of the said two witnesses found that the prosecution has brought home guilt beyond reasonable doubt to the petitioner therefore, he was convicted under section 302, P.P.C. And sentenced to death. Appeal filed by him has been dismissed through the impugned judgment, dated 25-10-2001 by the Lahore High Court and findings recorded by the trial Court have been affirmed, against which leave is sought.
4. Learned counsel for the petitioner has taken us through the prosecution evidence and failed to convince us that the findings recorded by the trial Court are based in any manner on misreading or non-reading of any material piece of evidence. The conviction has been recorded in accordance with the principles laid down by the superior Courts for appraisal of evidence in criminal cases for safe administration of criminal justice therefore, the judgment impugned in this petition does not suffer from any legal infirmity, as such this petition has no merits which is accordingly dismissed and .