IRSHAD MUHAMMAD vs MUHAMMAD BAKHSH alias KALI
This matter arises from a petition seeking leave to appeal against the acquittal of the respondent Muhammad Bakhsh alias Kali by the Lahore High Court, Multan Bench, which had set aside his conviction for double murder recorded by the trial court. The core legal question was whether the High Court erred in acquitting the respondent and whether the Supreme Court should interfere with an acquittal judgment based on an appreciation of evidence. The Supreme Court dismissed the petition, holding that the High Court had duly considered the prosecution evidence and formed an opinion in favor of the respondent without ignoring any material evidence. The key principle laid down is that the Supreme Court will not interfere with an acquittal recorded by a High Court where the evidence has been properly discussed and evaluated, in accordance with the established jurisprudence regarding interference with acquittals.
- Whether the Supreme Court will interfere with an acquittal judgment passed by the High Court when the evidence has been duly considered?
- Can a petition for leave to appeal against acquittal be maintained without showing strong justification or misreading of evidence?
ORDER
' IFTIKHAR MUHAMMAD CHAUDHRY, ACTG. C.J.--- In this petition acquittal of Muhammad Bakhsh alias Kali recorded by the Lahore High Court, Multan Bench, has been assailed with the prayer to grant leave to appeal.
2. Precisely stating the prosecution case is that the respondent along with two others namely Khushi Muhammad (since died) and Saifullah faced trial vide F.I.R. No,215 of 1998 (Exh.P.K.) lodged by complainant Irshad Muhammad for murders of two persons namely Muhammad Ibrahim and Muhammad Iqbal. The learned trial Court after completion of trial found them guilty for the commission of offence as such they were awarded death sentence on two counts with direction to pay Rs,30,000 on each count to the heirs of deceased and to undergo 6 months' S.I. In default of payment of compensation. Learned High Court, in appeal, affirmed the death sentence of Khushi Muhammad and Saifullah whereas Muhammad Bakhsh alias Kali respondent was acquitted of the charge.
3. Learned counsel for the petitioner contended that sufficient incriminating evidence has been brought on record to establish guilt of the respondent but he has been acquitted by the learned High Court without any strong justification. It may be noted that the learned High Court on taking into consideration the prosecution evidence has acquitted respondent Muhammad Bakhsh alias Kali not guilty for the offence. The learned High Court discussed the evidence and formed opinion in his favor without omitting to take into consideration any piece of evidence, therefore, in such-like situation it is not possible for us to interfere in the impugned judgment following the law which has been laid down in the case of Ghulam Sikandar and another v. Mamaraz Khan and others PLD 1985 SC 11.
4. Thus, for the foregoing reasons, petition is dismissed.