DIN MUHAMMAD Versus RASOOLA
This is a petition for leave to appeal directed against the judgment of the Lahore High Court, Multan Bench, dated 14-2-1982, whereby the respondents were acquitted of charges under Sections 302, 148, and 149 of the Pakistan Penal Code. The core legal question involved the appreciation of evidence and the propriety of the High Court's order acquitting the accused persons in a murder trial. The Supreme Court of Pakistan held that the High Court evaluated the evidence on sound principles, finding no justification to interfere with the acquittal. Consequently, the Supreme Court dismissed the petition for leave to appeal, affirming the acquittal and the dismissal of the enhancement revision.
- Whether the Supreme Court will interfere with an order of acquittal passed by the High Court when the evidence has been evaluated on sound principles?
- Can a petition for leave to appeal be maintained against a judgment of acquittal where the High Court has properly appreciated the record?
- Section 302, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
ALI HUSSAIN QAZILBASH, J.- -This is a petition for leave to appeal against the Judgment of the Lahore High Court, Multan Bench, dated 14-2-1982.
2. Rasoola, his son Talib, Gul Muhammad, Akbar, Muhammad and Lal, residents of Notak Mahmeed, Tehsil and District D.G.Khan, were charged under section 302/148/149, P.P.C. for committing the murder of Ahmad Bakhsh. The occurrence took place on 27-3-1978 at 2.00 p. m. within the area of Village Notak. After the arrest of the respondents and completion of the investigation, they were put to trial and were convicted by the learned Additional Sessions Judge. D.G.Khan, under Section 302/148/149 P P.C. and were sentenced to imprisonment for life and a fine of Rs.1,000 each or in default of payment of fine to undergo one year's R.I. each. They were also convicted under Section 148 P.P.C. and sentenced to one year's R.I. each. The sentences were ordered to run concurrently and the fine, if recovered, was to be paid to the heirs of Ahmad Bakhsh deceased as compensation, The respondents took their conviction and sentence to the High Court where the learned Single Judge was pleased to acquit all of them and the revision filed by the complainant for enhancement of the sentence of the respondents was also dismissed.
3. We have heard the learned counsel for the petitioner and have gone through the Judgments of the Courts below. We have considered the submissions made by him in the light of the evidence on record and the findings of the High Court and we find that the learned Judge has evaluated the evidence on sound principles of perusal of evidence. Therefore, no case has been made out for our interference. This petition is dismissed.
M.I./D-13./S Petition dismissed.