Malak JEHANGIR KHAN and others vs SARDAR ALI and 2 others

' ABDUL HAMEED DOGAR, J.--- By this common judgment we intend to dispose of Criminal Petitions Nos.7-P and 36-P of 2003 as both are directed against the common judgment dated 12-12-2002 delivered by a learned Division Bench of the Peshawar High Court, whereby Jail Criminal Appeal No,217 of 2002 filed by respondent Sardar Ali was allowed, his conviction and sentence was set aside, he was acquitted of the charge and Murder Reference No,8 of 2002 was answered in the negative.

2. Brief facts relevant for the disposal of these cases are that on 14-12-1998 Hazrat Gul, Additional S.H.O. Police Station Mangora while on Gasht was informed that a ginny bag containing dead body was lying on the heap of a garbage. He proceeded there and found the dead body of a young man having incised wounds, a dagger, a Rado Star Watch as well as Rs,84 in the bag. The deceased was identified to be Malik Anwar Ali. During investigation, respondent Sardar Ali, Muhammad Ghani and Ammanullah were arrested and sent upto face the trial. The learned trial Judge, on conclusion of the trial, vide his judgment dated 25-6-2002 convicted respondent Sardar Ali under sections 302(b)/201, P.P.C. And sentenced him to death and imprisonment for four years, respectively while co-accused Muhammad Ghani was convicted under section 201, P.P.C. And sentenced to four years' imprisonment whereas Ammanullah was acquitted of the charges. Respondent Sardar Ali challenged his conviction and sentence before the Peshawar High Court through Jail Criminal Appeal No,217 of 2002 while Muhammad Ghani did not challenge his conviction and sentence. The learned trial Judge also sent Murder Reference No,8 of 2002 for confirmation or otherwise of the death sentence awarded to respondent Sardar Ali. A learned Division Bench of the Peshawar High Court vide impugned judgment dated 12-12-2002 allowed appeal filed by respondent, Sardar Ali set aside his conviction and sentence and acquitted him of the charges, answering the Murder Reference in the negative.

3. We have heard both the learned counsel and have gone through the proceedings of the case. In this case the only piece of evidence against the respondent is retracted judicial confession which even according to the learned High Court was not corroborated from any other independent piece of evidence and was disbelieved. Though argued at length, yet the learned counsel for the petitioners could not point out any illegality, misreading or non-appreciation of evidence warranting interference by this Court. We also do not find any reason to interfere with the impugned judgment which has been rendered after duly appraising the entire evidence collected by the prosecution. Accordingly, the petitions being devoid of any merits are dismissed and leave to appeal refused.