NAZIR AHMED vs MUHAMMAD ZUBAIR and others
This petition for leave to appeal arises from a criminal case involving the murder of the petitioner's son, Muhammad Ilyas, in 1991. The respondents were initially acquitted by the Additional Sessions Judge, Gujrat, in 1993, a decision subsequently upheld by the Lahore High Court in 2001. The petitioner challenged these acquittals before the Supreme Court. During the proceedings, the petitioner chose not to press the petition against two of the respondents, Muhammad Ali and Muhammad Ayub, due to their specific roles in the incident. The core legal question before the Supreme Court was whether the acquittal of the principal accused, Muhammad Zubair, who was attributed with the fatal hatchet blow, warranted interference based on the alleged misreading of evidence. Upon hearing arguments, the Court dismissed the petition regarding the two non-pressed respondents. However, the Court granted leave to appeal against Muhammad Zubair, holding that the case requires a comprehensive reappraisement of the entire evidence to ensure the safe administration of criminal justice. Consequently, the Court ordered the issuance of bailable warrants to secure the attendance of the principal accused.
- Does the Supreme Court have the authority to grant leave to appeal against an acquittal if there is a potential misreading of evidence?
- Is a reappraisement of evidence permissible when the lower courts have granted the benefit of doubt to the accused?
- Can a petitioner choose to abandon a challenge against specific co-accused while proceeding against the principal accused?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
' Petitioner, complainant of the case registered vide F.I.R. No,144 of 8th July, 1991 under section 302/34, P.P.C. Police Station. Karachi District Gujrat reporting the murder of his son Muhammad Ilyas by Muhammad Zubair subjecting him to hatchet blows having been elapsed around by Muhammad Ali respondent to Muhammad Ayyub's exhortation equipped with pistol and club, respectively, culminating into the respondents' acquittal by an Additional Sessions Judge, Gujrat on 28-7-1993 granting them the benefit of doubt which on appeal/revision was maintained by the learned Division Bench of the Lahore High, Lahore vide the impugned judgment dated 1-8-2001' has sought leave to appeal.
2. However, at the rostrum opting not to press the petition qua Muhammad Ali and Muhammad Ayub respondents keeping in view the ascribed role, confined this submission to Muhammad Zubair, the principal accused to whom the fatal hatchet blow has been attributed contending it to be a case of misreading of evidence of a board, any light occurrence.
3. Having heard the learned counsel at some length, dismissing the petition concerning Muhammad Ali and Muhammad Ayub, respondents as not pressed, we are inclined to grant leave against Muhammad Zubair being of the opinion that the matter warrants reappraisement of the entire evidence for safe administration of criminal justice.
4. Let bailable warrants in the sum of Rs,2,00,000 with two sureties each in the like amount returnable to the Sessions Judge, Gujrat be issued for securing his attendance.