ASGHAR ALI vs BASHARAT And Other
This matter arises from a petition for leave to appeal filed by Asghar Ali against the judgment of the Lahore High Court dated 7th October, 1980, which acquitted four respondents of the charge under Section 302/34 of the Pakistan Penal Code 1860. The core legal question concerns the propriety of the High Court's acquittal of the respondents and whether grounds exist for the Supreme Court to interfere with an acquittal judgment. The Supreme Court of Pakistan held that the reasons provided by the High Court for acquitting the respondents were correct, and consequently, the petition for leave to appeal was dismissed as it was not a fit case for interference. The key principle laid down is that the Supreme Court will decline to interfere with a High Court's judgment of acquittal where the reasoning of the High Court is sound and unexceptionable.
- Whether the Supreme Court will interfere with a High Court judgment acquitting the accused when the reasons given for acquittal are found to be correct?
- Is a petition for leave to appeal maintainable against an acquittal under Section 302/34 of the Pakistan Penal Code 1860 when the High Court's reasoning is sound?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
1. ASLAM RIAZ HUSSAIN, J.--Asghar A.I petitioner seeks leave to appeal against the judgment of the Lahore High Court Lahore, dated 7th October, 1980, acquitting the four respondents of the charge under section 302/34, PPC.
2. We have gone through the impugned judgment and heard the learned counsel for the petitioner at some length. We are in respectful agreement with the view taken by the learned Judges of the High Court as the reasons given for acquitting the respondents in paragraphs 4 and 5 of the impugned judgment are correct. We, therefore, do not consider it to be a fit case for interference. The petition is, therefore, dismissed.