Sitting Panel: Sh. Riaz Ahmed, Rashid Aziz Khan and Iftikhar Muhammad Chaudhry, JJ

Summary:

This case involves an appeal by Qutab-ud-Din against the Lahore High Court’s judgment, which maintained his conviction and life imprisonment for the murder of Pervaiz under Section 302(b)/34 of the Penal Code. The prosecution’s case was that Qutab-ud-Din, along with three acquitted co-accused (Shams-ud-Din alias Shami, Muhammad Shafiq, and Qasim), attacked Pervaiz following an altercation earlier that day between Pervaiz and Shams-ud-Din. The appellant was specifically accused of inflicting dagger blows to the deceased’s chest. The defense argued that the eye-witness testimony should not be believed against the appellant since it was disbelieved against the acquitted co-accused, citing the principle of “falsus in uno falsus in omnibus,” and that the appellant had no personal motive.

The Supreme Court dismissed the appeal, upholding the conviction and sentence. The Court reiterated that the “falsus in uno falsus in omnibus” principle does not strictly apply in Pakistan’s criminal justice system, allowing courts to selectively believe parts of a witness’s testimony if independently corroborated. The Court found the eye-witnesses’ testimonies against Qutab-ud-Din truthful and consistent, particularly regarding his role in inflicting the dagger blows. The medical evidence and the promptly lodged FIR corroborated the prosecution’s version. While the motive might have been weak, stemming from the earlier dispute involving his brother, the Court concluded that the prosecution successfully established the appellant’s guilt, finding no reason to interfere with the High Court’s well-reasoned decision.

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