SHER MAST KHAN Versus AFZAL
This petition for leave to appeal arose from a judgment of the Lahore High Court, which had dismissed a revision petition filed against the acquittal of seven respondents. The respondents were originally charged under sections 302, 307, 148, and 149 of the Pakistan Penal Code 1860 for the murder of Muhammad Ashraf and causing injuries to a prosecution witness. Following a trial, the Additional Sessions Judge, Sargodha, acquitted all respondents, granting them the benefit of the doubt. The petitioner subsequently challenged this acquittal in the High Court, which upheld the trial court's decision. Upon review, the Supreme Court of Pakistan examined the record and the arguments presented by the petitioner's counsel. The Court determined that the petitioner failed to raise any substantial question of law that would necessitate intervention or a decision by the Supreme Court. Consequently, finding no merit in the petition, the Court dismissed the petition for leave to appeal, thereby maintaining the acquittal of the respondents as decided by the lower courts.
- Does a petition for leave to appeal against an acquittal require the presence of a substantial question of law?
- Can the Supreme Court interfere with an acquittal judgment if no legal error is demonstrated by the petitioner?
- Section 302, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 342, Code of Criminal Procedure 1898
ORDER
ALI HUSSAIN QAZILBASH, J. --This is a petition for leave to appeal against the judgment of the Lahore High Court, dated 1-11-1982.
2. The seven respondents were charged under Section 302/307/ 148/149 PPC for committing the murder of Muhammad Ashraf and injuries to Ghulam Rasool PW. The occurrence took place on 4-7-1977 at 6.00 p.m. near Jhal Dah Hazari, P.S. Bhalwal, District Sargodha, the report of which was made the next day at 3.15 p.m. The respondents in this case were arrested on 11-7-1977 and recoveries of the crime weapons were effected on 20-7-1977. After the completion of investigation, the respondents were put to trial where, after recording the evidence of the prosecution witnesses and the statement of the respondents under Section 342 Cr.P.C., the Additional Sessions Judge, Sargodha, vide his Judgment dated 19-6-1977, acquitted all the respondents by giving them the benefit of doubt. The petitioner filed a Revision against the acquittal of the respondents in the High Court, but, without success. Hence the present petition.
3. We have heard the learned counsel for the petitioner at considerable length and have gone through the record with his assistance. We are, however, afraid that the learned counsel has not raised any question of law requiring decision by this Court in-this case.
4. Finding no merit the petition, the same is dismissed.
S.Q./S-81/S Petition dismissed.