HUSNAIN HAIDER SIAL vs TAYYAB alias ASHRAF and 2 others
This matter concerns a petition for leave to appeal against a judgment of the Lahore High Court, which dismissed in limine the petitioner's criminal appeal against the acquittal of the respondents. The petitioner had alleged that the respondents fired shots at his house door, leading to the registration of a case under sections 337-H(ii) and 324 of the Pakistan Penal Code 1860. During the investigation, the police found the respondents innocent. Subsequently, the trial Magistrate acquitted the respondents after the petitioner failed to appear despite multiple notices. The core legal question was whether the acquittal was justified given the evidence and the petitioner's failure to prosecute. The Supreme Court held that the acquittal was proper, noting that the petitioner failed to provide a plausible explanation for his absence. Furthermore, the Court observed that the alleged offences were not applicable to the facts, as the firing was directed at a door rather than a human body, and no physical evidence, such as empty casings, was recovered. The petition was dismissed, and leave to appeal was refused.
- Can an acquittal order be upheld when the complainant fails to appear before the trial court despite receiving multiple notices?
- Does the firing at a door without causing injury or recovering physical evidence constitute an offence under section 324 of the Pakistan Penal Code 1860?
- Is a petition for leave to appeal maintainable when the petitioner fails to provide a plausible explanation for their absence during the trial proceedings?
- Section 337-H(ii), Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
' MIAN MUHAMMAD AJMAL, J.---Leave to appeal is sought against the judgment of the Lahore High Court, Lahore, dated 12-4-1999, whereby Criminal Appeal No,219 of 1999 of the petitioner against acquittal of the respondents, was dismissed in limine.
2. Brief facts as per F.I.R., lodged by the petitioner with Police Station, Kotwali, District Jhang, are that on the night between 19th and 20th June, 1998 at about 3-00 a.m., respondents Nos.1 and 2 along with two unknown persons came to his house and knocked- the door. The petitioner saw Tayyab alias Ashraf armed with pistol and Khan Muhammad armed with .12 bore gun along with two unknown armed persons from the upper storey. They started firing at the door which caused holes in it. On hue and cry of the petitioner, his neighbours gathered and the accused decamped from the spot. Accordingly, a case under section 337-H(ii), P.P.C. Was registered against the respondents and two unknown persons, which was later on converted into section 324, P.P.C. During investigation, the police found the respondents innocent and sought for their release. The challan was put in the Court of Magistrate Section 30, Jhang who issued several notices to the complainant and on jiis failure to turn up, acquitted the accused of the charge vide his order, dated 21-12-1998.
The petitioner challenged the said order before the Lahore High Court, Lahore through Criminal Appeal No,219 of 1999, which has been dismissed in limine vide order, dated 12-4-1999, impugned herein.
3. We have heard the learned counsel for the petitioner as well as the learned State Counsel and have gone through the record of the case. Learned counsel for the petitioner failed to offer any plausible explanation for petitioner's absence to prosecute the case. The respondents were found innocent by the police during investigation of the case. Neither section 324, P.P.C. Nor section 337- H(ii), P.P.C. Was attracted to the facts and circumstances of the present case as the offences under the said sections relate to the human body whereas in this case firing has been alleged on the door of the house and no empty has been recovered from the spot. There is no legal infirmity in the impugned judgment, therefore, this petition being devoid of any merit is dismissed and leave refused.