RIFFAT HUSSAIN vs Mst — 2026 SCMR 1139 SUPREME-COURT

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RIFFAT HUSSAIN VS Mst. ZAHIDA BIBI. S.302(b)---Qanun-e-Shahadat (10 of 1984), Art.47---Criminal Procedure Code (V of 1898), Ss. 35 & 512---Qatl-i-amd---Re-appraisal of evidence---Evidence recorded during abscondance---Death of witness---Concurrent running of sentences---Accused was convicted for committing qatl-i-amd of two persons and was sentenced to death on two counts by Trial Court but High Court altered the sentence to that of imprisonment for life on two counts---Plea raised by accused was that evidence of complainant recorded in earlier proceedings could not be relied upon to convict him---Validity---Complainant had deposed in earlier trial and his statement was recorded by a competent Court, who was cross examined by accused in those earlier proceedings---Testimony of complainant was related to same incident and by the time accused was arrested and put to trial, the complainant had died and was unavailable as a witness---Parties in both proceedings were substantially the same and accused in the earlier trial had full opportunity to cross-examine him---Deposition of complainant satisfied conditions of Article 47 of Qanun-e-Shahadat, 1984 and Trial Court and High Court were justified in reading that statement together with the testimony of other prosecution witness recorded in the subsequent trial---Occurrence was reported to police within a very short span of about one and a half hours by the complainant who was real father of one of the deceased persons---Promptness of FIR had effectively ruled out possibility of deliberation and consultation in nomination of accused---Accused was specifically named in FIR along with his co-accused, with clear allegation that both, armed with their respective weapons, fired upon deceased persons which had caused their instantaneous deaths---Concurrent findings of the courts below that the prosecution had successfully proved its case against accused were beyond reasonable doubt---Supreme Court was not persuaded by the contentions of accused to take a different view or to interfere with conviction and sentence awarded by High Court---However, the Supreme Court directed that sentences of imprisonment for life awarded to accused on two counts was to run concurrently---Petition for leave to appeal was dismissed and leave was refused.

RIFFAT HUSSAIN vs Mst — 2026 SCMR 1139 SUPREME-COURT

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