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Jail Petition No. 80‑R of 1983, decided on 1st February, 1986.
(Against the Judgment and Order, dated 1‑10‑1983 of the Lahore High Court, Multan Bench in Criminal Appeal No. 1013 of 1980 and Murder Reference No. 246 of 1980).
‑‑‑Art. 185(3)‑‑Penal Code (XLV of0 1860), S. 302/34‑‑Leave to appeal‑ Appraisal of evidence‑‑Sentence of death whether appropriate‑‑Petitioner convicted for murder‑‑Motive and eye‑witnesses‑‑Immediately before occurrence petitioner stated to be involved and arrested in another murder case‑‑Features of case requiring proper appraisal of evidence to ensure safe administration of criminal justice‑‑Question of sentence also requiring consideration in circumstances‑‑Leave to appeal granted.
‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), S. 302/34‑‑Limitation Act (IX of 1908), S.5‑‑Time‑barred jail petition‑‑Death sentence involved and petitioner in prison‑‑Delay condoned.
Inamul Haq Mian for Petitioner.
Rao M. Yousaf Khan, Advocate‑on‑Record for Respondent.
Date of hearing: 1st February, 1986.
‑Allah Ditta convicted of the offence under section 302/34, P.P.C. and sentenced to death, seeks leave to appeal from jail against his conviction and sentence.
The allegation which stands proved against him is that he alongwith his brother committed the murder of Walidad, his own cousin on the night between 5th and 6th of October, 1979 because Walidad had married to Mst. Jannat another cousin of his who was earlier betrothed to him. At the trial, the inmates of the house Talib Hussain and Fazal appeared as eye‑witnesses of the occurrence and were believed. Ahmad Bux, the father of Mst. Jannat appeared and deposed about the motive.
What has, however, intrigued us is the fact that according to Ahmad Bux (P.W. 9) immediately before the murder of Walidad the petitioner alongwith his three brothers is stated to have committed the murder of Mumtaz a son of‑ Ahmad Bux for which a First Information Report had been lodged. The police officer who was investigating this case had found the petitioner already arrested in that case and the weapon of offence also recovered in connection with that murder too. The date and further particulars are not provided nor the fact whether he was free after committing that murder to commit this murder. There are certain features in the case which require a proper appraisal of the evidence with a view to ensure that the conviction and sentence of the petitioner proceed on the accepted principles for safe administration of criminal justice. Even otherwise, the question whether in such a background the sentence of death should be imposed or not requires examination. Leave to appeal, therefore, is granted.
The petition is shown to be barred by 11 days but as it involves the death sentence and the petitioner is in prison, we would condone the delay. The record be made available at the hearing.
M.I. Leave granted.
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