1987 PLP 2042 (SCMR)

SHAFIUR RAHMAN. J.‑‑The petitioner, mother of the deceased Haq Nawaz, seeks leave to appeal against the Judgment of the Lahore High Court dated 6‑3‑1982 whereby the respondents were acquitted on charges under sections 302/34 PPC.

2. The respondents were charged for the murder of Haq Nawaz on 15‑7‑1976 at 7‑30 a.m. The trial Court convicted them under section 302/34 PPC and finding no mitigating circumstance sentenced them to death and a fine of Rs.1,000 each.

3. The High Court while seized of the confirmation of death sentence and appeal by the convicts, re‑examined the entire evidence at length and acquitted all of them. The deep rooted enmity between the complainant and the respondents was noted in the following words:‑ "

It is thus clearly evident from the testimony of Mst. Khatoon that there is deep rooted enmity between the family of the complainant and that of the appellants. All the appellants are closely related inter se. There had been three rounds of murders between these two families apart from the incident of causing of injury to Fazil, the husband of Mst. Khatoon by Allah Yar, the acquitted co‑accused and illicit relations of Bashir Ahmad deceased with Mst. Saffan, daughter of Mst. Khatoon. There is thus history of blood-feuds between these two families."

4. The High Court looked for independent corroboration, but did not find any satisfactory material to base the conviction of the respondents on it. The trial Court had found the corroboration in the motive and the medical evidence. Hence they were acquitted by the High Court.

5. Sardar Ataullah, Advocate, the learned counsel for the petitioner contended that the witnesses were no doubt interested, but the prompt FIR, the motive and the injuries were sufficient to corroborate the prosecution version and the judgment of the trial Court was sound.

6. Once it is found that the evidence of the witnesses is highly inimical and interested, a Court is justified in looking for independent corroboration. The High Court, it appears, has searched the evidence with that object in view and has dealt with the requirements in the manner as hereunder:‑ "The recoveries of guns and a carbine from the appellants apart from being of no consequence as no crime empty was recovered from the place‑of occurrence which could connect these weapons with the crime, suffer from an inherent weakness i.e. to prove these recoveries the prosecution has produced Sultan P.W.10 whose enmity with the appellants is fully established. He is also closely related to the deceased and the complainant. In this manner the evidence of recovery suffers from the similar or same kind of infirmities which have been noticed in case of ocular evidence as well." The prompt FIR and the medical evidence hardly provide the required corroboration in a case like this.

6. We are satisfied that the High Court has, in insisting on proper corroboration, followed the well recognized principles of criminal administration of justice and there is no reason to interfere with its judgment of acquittal. Leave to appeal is, therefore, refused. M . I . / K‑31 / S Petition dismissed.