ASGHAR ALI vs ABDUL RASHID and 2 others
This matter originated as a criminal petition challenging the acquittal of respondents in a murder case. The core legal question concerned whether the acquittal of the respondents, which was allegedly based solely on the opinion of a Deputy Superintendent of Police, was legally sustainable given the specific roles attributed to the accused. The petitioner contended that one respondent, Muhammad Sadiq alias Kali, was armed with a dagger and caused a fatal injury, while another respondent, Abdul Rashid, was attributed with a Lalkara and holding the deceased. Upon review, the Court dismissed the petition regarding Abdul Rashid, finding his role insufficient to warrant interference with the acquittal. However, regarding Muhammad Sadiq alias Kali, the Court noted that the medical evidence corroborated the fatal injury attributed to him. Consequently, the Court converted the petition into an appeal against his acquittal and issued a show-cause notice regarding his potential conviction and sentencing under the relevant penal provisions. The Court further ordered the issuance of bailable warrants to secure his presence for further proceedings.
- Can a criminal petition against acquittal be converted into an appeal based on the existence of corroborating medical evidence?
- Is the role of a respondent in a murder case sufficient to warrant the issuance of a show-cause notice for conviction?
- Does an acquittal based solely on the opinion of a police officer constitute a valid ground for judicial review?
- 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 D. S. P.
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), P.P.C. If the case is proved against him. Mr. Mazhar Sher Awan, Additional Prosecutor-General is present in the Court. He is asked to direct D.P.O. 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 issue against him. To come up on 29-10-2007. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.