Nawab AHMAD RAUF KHAN vs MUHAMMAD HUSSAIN And Other
This is a petition for leave to appeal directed against the judgment of the Sind High Court dated 5-2-1985, whereby the respondents' appeal was allowed and their conviction and sentence under section 302/34 of the Pakistan Penal Code were set aside. The core legal question before the Supreme Court was whether the High Court committed any error in law in setting aside the conviction and sentence. The Supreme Court held that the impugned judgment of the High Court was based on well-settled principles of law governing criminal justice and warranted no interference. Consequently, the Supreme Court dismissed the petition for leave to appeal, affirming that findings based on sound criminal jurisprudence shall remain undisturbed.
- Whether the Supreme Court will interfere with a High Court judgment setting aside a conviction that is based on well-settled principles of criminal justice?
- Can a petition for leave to appeal be dismissed when no exception in law can be taken against the impugned judgment?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
1. ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the judgment of a learned Judge of Sind High Court, dated 5-2-1985 allowing an appeal filed by the respondents and thereby setting aside the conviction and sentence passed against them under section 302/34, P.P.C.
2. After having heard the learned counsel for the petitioner we find that no exception in law can be taken against the impugned judgment of the High Court which is based on well-settled principles of law governing criminal justice. The petition is, therefore, dismissed.