KHALAS KHAN Versus AMIR KHAN
This matter originated as a petition for leave to appeal filed by the petitioner, Khalas Khan, challenging a judgment of the Lahore High Court dated 14-11-1982. The High Court had previously upheld a trial court's judgment which resulted in the acquittal of the respondents in a criminal case involving charges under Section 302/34 of the Pakistan Penal Code 1860. The core legal question before the Supreme Court was whether the lower courts had properly appreciated the evidence on record and whether the acquittal of the respondents was justified based on that evidence. Upon reviewing the arguments presented by the petitioner's counsel and examining the relevant portions of the evidence, the Supreme Court found no merit in the contention that the lower courts failed to appreciate the evidence properly. The Court held that the trial court's reasons for acquittal were sound and that the High Court was justified in its decision to uphold that finding. Consequently, the Court determined that the case was not a fit one for the grant of leave to appeal and dismissed the petition.
- Is a petition for leave to appeal maintainable when the lower courts have provided sound reasoning for an acquittal?
- Does the Supreme Court interfere with concurrent findings of acquittal where the evidence has been properly appreciated by the lower courts?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
ASLAM RIAZ HUSSAIN, J .--Khalas Khan petitioner seeks leave to appeal against the judgment of the Lahore High Court dated 14-11-1982 upholding the judgment of the trial Court and dismissing petitioner's criminal revision, in a case under section 302/34, P.P.C.
2. We' have heard the learned counsel for the petitioner at considerable length and have gone through the impugned judgment with his help. He has also taken us through the relevant portions of the evidence.
We have given our anxious consideration to the contention of the petitioner's counsel that the Courts below have not appreciated the evidence properly. But we are not inclined to agree with him and are of the view that the reasons recorded by the trial Court for acquitting the respondents are sound and the High Court was justified in upholding the finding of acquittal. This is, therefore, not a fit case for grant of leave. The petition is consequently dismissed.
M . I / K -37 /S Petition dismissed.