Evidence Assessment in a Double Murder: Differential Treatment of Co-Accused

Panel: Fazal Karim and Riaz Ahmad, JJ.

This case, Criminal Appeal No. 44 of 1984 and Murder Reference No. 91 of 1984, decided on October 20, 1987, involved Faiz Muhammad and Sawan as Appellants against The State as the Respondent. The core issue revolved around the appraisal of evidence in a double murder case, particularly the reliability of eyewitness testimony and the impact of non-recovery of a weapon. The occurrence took place in broad daylight on a public path. The eyewitnesses were present at the scene and had ample opportunity to identify the assailants, even noting the number of shots fired and hits. Their testimony was supported by medical evidence and recoveries, including empties found to have been fired from a gun in the possession of one of the accused, Faiz Muhammad. A strong motive was established, as the appellants’ father had been killed, and the deceased individuals had been acquitted of that murder just seven days prior to the present incident. The court found no basis for a claim of substitution of the accused, and the investigation officer was deemed fair.

However, the court differentiated between the two appellants. While Faiz Muhammad’s conviction and death sentence were maintained due to the strength of the evidence against him, his brother Sawan was given the benefit of the doubt. Despite Sawan having been on physical remand for twenty-seven days, no gun was recovered from him. The fact that only two shots killed the deceased persons, and these could have been fired by one person from the same gun, combined with the non-recovery of a weapon from Sawan, led the court to conclude that there was reasonable doubt regarding his involvement. Consequently, Sawan’s appeal was accepted, his conviction and sentence were set aside, and he was acquitted. The death sentence for Sawan was not confirmed. The revision petition, the details of which are not fully elaborated in the provided text, was also dismissed.

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