ABDUL HAMEED Versus STATE
This petition for leave to appeal is directed against the judgment of the Lahore High Court which acquitted the respondents of murder charges under Section 302 read with Section 34 of the Pakistan Penal Code 1860. The trial court had previously convicted the respondents, sentencing some to death and one to life imprisonment, based on an incident resulting in the deaths of two persons, arising from a land dispute. The petitioner challenged the High Court's rejection of the motive version and its finding of material discrepancies between the ocular account and the medical testimony. The Supreme Court of Pakistan examined the impugned judgment, the statements of the eye-witnesses, and the medical evidence, and concluded that no grounds existed to interfere with the acquittal. Consequently, the Supreme Court dismissed the petition for leave to appeal, affirming the acquittal of the respondents.
- Whether the Supreme Court will interfere with an order of acquittal passed by the High Court when ocular testimony and medical evidence contain material discrepancies?
- Can a petition for leave to appeal be sustained against the rejection of a motive version by the High Court?
- Under what circumstances will the Supreme Court set aside an appellate court's judgment acquitting persons charged under Section 302 read with Section 34 of the Pakistan Penal Code 1860?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
1. JAVID IQBAL, J. --This petition for leave to appeal is directed against judgment dated 19th November 1983 of Lahore High Court, Lahore. Respondent Shah Muhammad, Iqbal and Abaidur Rehman alongwith Zubair were charged for an offence under section 302/34, P.P. C. on two counts and vide judgment of the trial Court dated 8th December 1979 Iqbal and Abaidur Rehman respondents were sentenced to death on each count plus fine and Shah Muhammad respondent was sentenced to life imprisonment on each of two counts and fine. Zubair however was acquitted. On appeal the High Court acquitted all the three respondents. There are two deceased in this case namely Ghulam Ghaus and Shah Jehan. The occurrence took place at 5.30 p.m. on 18 June 1977 in village Bhagiana Kalan, District Kasur. The F.I.R. was lodged on the same day at 8.15 p. m. The respondents were arrested on different dates and from Iqbal gun was recovered which matched with some crime empties picked up from the spot. But this evidence has not been considered reliable. There are two eye-witnesses of the occurrence namely Abdul Hameed P.W. brother of the deceased and Muhammad Akram P W, his son. The motive was dispute over land left by one Mst. Bashiri deceased and litigation was pending between the parties. According to the prosecution version the two deceased alongwith the eye-witnesses were called by the accused party by a trick and then the respondents had attacked the two deceased and killed them.
2. Learned counsel argued before us that there was no justification on the part of the High Court in not believing the motive version as well as for arriving at the conclusion that there were material discrepancies in the ocular evidence and the medical testimony. We have gone through the impugned judgment and examined the statement of the eye-witnesses as well as the medical evidence. In our considered opinion no case is made out for interference. In that view of the matter, this petition is dismissed.
3. S . Q . /A-162/ S Petition dismissed.
Cited by 1 case
- Dr.SYED RIZWAN-UL-HASSAN vs CHAIRMAN, GOVERNING BODY SINDH 2005 PLC (C.S.) 1042