MUZAFFAR IQBAL Versus MUHAMMAD AMIN

ORDER

1. JAVID IQBAL, J.-- This petition for leave to appeal has been filed by Muzaffar Iqbal petitioner and is directed against the judgment dated 22 October 1984 of the Lahore High Court Lahore.

2. Briefly the facts are that Mohammad Amin alias Bills respondent was tried for an offence under section 302 P.P.C., who vide judgment dated 13 December 1983 of the Additional Sessions Judge Lahore was acquitted. Thereafter a State appeal was filed against the said acquittal which was dismissed in limine by a Division Bench of the Lahore High Court Lahore vide the aforesaid impugned judgment.

3. The occurrence took place at 12.30 mid-night on 14 January 1983 by the shop of Maja Tandur Wala, Railway Road near Mayo Hospital Chowk Lahore. The petitioner who is real brother of the deceased in this case namely Mohammad Asaf lodged the report after an' hour of the occurrence. The aforesaid respondent was arrested on 16 January 1983 and human blood-stained Chhuri was recovered from him after his arrest. There are two eye-witnesses of the occurrence, namely, the petitioner and Mohammad Salim P.W. According to the medical evidence the respondent had three simple injuries caused with blunt weapon, whereas the deceased had three incised wounds on the chest, left hand and the right hand palm. The hand injuries were found to be simple whereas the chest injury led to his death. These were caused with sharp-edged weapon.

4. The motive for the crime is that the respondent demanded some money as loan from the deceased which he refused to advance and this had annoyed the respondent. The prosecution case is that on the fateful day the petitioner along with his brother namely the deceased and Mohammad Salim P.W. was returning to his house. When they reached the place of occurrence the respondent suddenly appeared armed with Chhuri and inflicted injuries on the person of the deceased. The occurrence was witnessed by the petitioner and Mohammad Salim P.W. from some distance. On seeing them the respondent ran away. The deceased was taken to the hospital where he subsequently died.

5. It was submitted by the learned counsel that there was no justification on the part of the trial Court for having acquitted the respondent who 'Was named as single accused person on the ground that the motive against him could not be proved and that the two eye-witnesses were not present at the spot and that furthermore if Mohammad Salim P.W was present near the place of occurrence and took the deceased in an injured condition to the hospital, he was not a reliable witness. The eye-witnesses were also not considered reliable because they had failed to explain the injuries on the person of the respondent. Learned counsel further submitted that the recovery of human blood-stained Chhuri was also erroneously disbelieved. It was further argued by the learned counsel that the State appeal should not have been dismissed by the High Court because the occurrence had taken place in a locality which is crowded by people even during the mid-night and that the eye-witnesses could have witnessed the occurrence and that furthermore a single accused had been attributed the part of murdering the deceased who was respondent.

6. We grant leave in this case in order to consider as to whether the generally accepted principles of safe administration of criminal justice have been followed by the High Court while dismissing the State appeal in this case.

7. Non-bailable warrants be issued against Mohammad Amin alias Billa respondent returnable to the District Magistrate Lahore.

8. M.I./M-309/S. ???????????????????????????????????????????????????????????????????????????????????? Leave granted.