SHAMSUDDIN Versus NOOR SHAHINFSY
The petitioner challenged the acquittal of the respondents by the High Court, who were initially convicted by the trial court under section 302/34, Pakistan Penal Code for murder and murderous assault. The core legal question was whether the High Court's judgment acquitting the respondents suffered from any legal defect or misappreciation of evidence warranting interference by the Supreme Court. The Supreme Court held that the findings of the High Court were based on due and proper appreciation of evidence, and no legal defect or infirmity was pointed out. The petition was accordingly dismissed. The key principle laid down is that the Supreme Court will not interfere with an acquittal judgment of the High Court unless a clear legal defect, misappreciation, or perversity is shown in the appreciation of evidence.
- Whether the Supreme Court will interfere with an acquittal judgment based on proper appreciation of evidence?
- Can a petition against acquittal be maintained without pointing out any legal defect or infirmity in the impugned judgment?
- 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 34, Pakistan Penal Code 1860
ORDER
S.A. NUSRAT, J. ‑‑As many as five accused, including the three respondents, were tried by the Additional Sessions Judge, Multan under section 302/307/148/149, P.P.C. on the allegation that they had, on 29‑6‑1978, formed themselves into an unlawful assembly with the common object of committing the murder of Saleem deceased and for making murderous assault on Shamsuddin, Gulab Shah and Roshan Shah, P.Ws. and in the prosecution of that common object of the said unlawful assembly, actually committed the murder of Saleem and made murderous assault on the aforesaid P.Ws. Rehmat Shah and Hussain Shah were acquitted by the trial Court, but the three respondents were convicted under section 302/34, P.P.C. Noon Shah and Jamal Shah were sentenced to death with fine each and Akbar Shah was sentenced to imprisonment for life with fine. The respondents successfully appealed against the conviction and sentences awarded to them by the trial Court and were acquitted by the High Court as per impugned judgment.
2. We heard the learned counsel for the petitioner and have gone through the impugned judgment as well as the evidence produced in the case. The findings recorded in the impugned judgment are based on due and proper appreciation of evidence and the learned counsel for the petitioner was unable to point out any legal defect or infirmity therein. The petition, therefore, merits no consideration and is dismissed.
M.I/S‑86/S ‑‑‑‑‑ Petition dismissed.