Appreciation of Evidence in a Murder and Assault Case

Before Sh. Riaz Ahmad and Raja Afrasiab Khan, JJ

This criminal appeal, heard on February 26, 1992, pertains to the conviction and sentencing of Ahmad Nawaz by the Punjab Special Court for Speedy Trial under sections 302 (murder), 353 (assault or criminal force to deter a public servant from discharge of his duty), and 307 (attempt to murder) of the Pakistan Penal Code. The case originated from a dacoity incident where a police party, joined by citizens, was chasing Ahmad Nawaz and his co-accused. During the chase, Ahmad Nawaz, armed with a .303 rifle, fired at the police party, resulting in the death of Abdul Rehman, a citizen who had joined them. The appellant challenged his conviction and sentences, claiming false implication.

The High Court meticulously reviewed the evidence, including ocular accounts from eyewitnesses Zulfiqar (P.W.9) and Allah Bakhsh (P.W.10), medical evidence, and the report of the fire-arm expert. The court found that the eyewitness testimony was consistent and materially corroborated by medical findings and the ballistic report, which confirmed that empties recovered from the scene were fired from the rifle seized from Ahmad Nawaz shortly after the incident. The prosecution successfully established its case beyond a reasonable doubt with reliable evidence. Consequently, the High Court dismissed the appeal and upheld the conviction and sentences of Ahmad Nawaz.

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