Asghar Ali vs Abdul Rashid And 2 Other
The matter before the Lahore High Court arose from a criminal petition challenging the acquittal of respondents Abdul Rashid and Muhammad Sadiq alias Kali. The prosecution alleged that Muhammad Sadiq, armed with a dagger, inflicted a fatal injury upon the deceased, whereas Abdul Rashid was attributed a lalkara and holding the deceased in a japha. The petitioner contended that the respondents were erroneously acquitted solely based on the opinion of a Deputy Superintendent of Police (DSP). Evaluating the respective roles, the High Court dismissed the petition regarding Abdul Rashid due to the nature of his attributed role. However, finding that the specific fatal dagger injury attributed to Muhammad Sadiq existed on the deceased's person, the Court converted the petition into an appeal against his acquittal. Consequently, the Court issued a show-cause notice regarding potential conviction and sentencing under Section 302(b), Pakistan Penal Code 1860, alongside bailable warrants of arrest to secure his appearance.
- Whether a petition against acquittal can be converted into a regular appeal when a specific fatal injury attributed to an accused is corroborated by medical evidence on record?
- Whether a show-cause notice against acquittal can be issued regarding conviction under Section 302(b), Pakistan Penal Code 1860 where the attributed weapon injury exists on the deceased?
- Can a petition against acquittal be dismissed against a co-accused whose role is limited to a lalkara and japha while proceeding against the principal accused who caused the fatal blow?
- Section 302(b), Pakistan Penal Code 1860
ORDER
Learned counsel submits that according to the case of prosecution Muhammad Sadiq alias Kali respondent No. 2 was armed with dagger and caused an injury with it on the person of the deceased which proved fatal. Further submits. That Allah Ditta convict who was armed with a sota caused an injury with it on the person of the deceased but there is. No injury with sota. According to the learned, counsel the respondents have been acquitted merely on the opinion of a DSP.
2. So far Abdul Rashid respondent No. 1 is concerned he was attributed lalkara and was also alleged to have taken the deceased into his japha.
3. Taking into consideration the role of Abdul Rashid respondent as also that of Muhammad Sadiq respondent, this petition to the extent of Abdul Rashid is dismissed. So far as Muhammad Sadiq alias Kali is concerned the injury ascribed to him on the person of the deceased exists so we convert this petition into appeal. Notice be issued to Muhammad Sadiq alias Kali to show cause as to why he may not be convicted and sentenced under Section 302(b), PPC if the case is proved against him. Mr. Mazhar Sher Awan, Additional Prosecutor General is present in the Court. He is asked to direct DPO, Kasur to appoint an efficient police officer for the service of Muhammad Sadiq alias Kali, respondent No. 2. Bailable warrants of arrest in the sum of Rs. 50,000/- with one surety returnable to Senior Civil Judge, Kasur shall also against him. To come up on 29.10.2007.