GHULAM QADIR Versus NASRULLAH
This petition for leave to appeal challenged a judgment of the Lahore High Court, which had acquitted the respondent, Nasrullah, of the charge of murder under Section 302 of the Pakistan Penal Code 1860. The respondent had initially been convicted by the Additional Sessions Judge, Gujranwala, and sentenced to life imprisonment with a fine. The complainant sought to challenge the acquittal through this petition. The Supreme Court examined the arguments presented by the petitioner's counsel, which primarily requested a re-appraisal of the evidence regarding the factual findings of the High Court. The Supreme Court held that it would not undertake a re-appraisal of evidence in this matter, as the case did not meet the criteria for such an exercise. Consequently, the Court found no merit in the petition and dismissed it, thereby upholding the acquittal granted by the High Court.
- Will the Supreme Court re-appraise evidence in a criminal matter where the High Court has already acquitted the accused?
- Is a petition for leave to appeal maintainable when the sole ground is a request for re-appraisal of factual evidence?
- Section 302, Pakistan Penal Code 1860
ORDER
ALI HUSSAIN QAZILBASH, J.-- This is a petition for leave to appeal against the Judgment of Lahore High Court, dated 19-12-1982.
2. Nasrullah appellant was convicted under Section 302 P.P.C. for having committed the murder of Mst. Abida, and sentenced to imprisonment for life by the Additional Sessions Judge, Gujranwala, vide his order dated 23-12-1979 and a fine of Rs.7,000 in default to further five years' R.I. Half of the fine on recovery, was ordered to be paid to the heirs of the deceased. On appeal, however, the High Court accepted the appeal of Nasrullah, respondent, and acquitted him of the charge. The revision petition filed by the complainant was also dismissed through the same Judgment dated 19-12-1982.
3. We have heard the learned counsel for the petitioner and have gone through the Judgment of the High Court. All that the learned counsel for the petitioner seeks is for the re-appraisal of the evidence on the question of fact. Having considered his submissions in the light of the evidence, we do not consider this is a fit case for undertaking that exercise.
4. The petition is thus dismissed.
M.I./G-57/S Petition dismissed.