BOSTAN KHAN vs SULTAN KHAN And Other
This petition for leave to appeal was filed by the complainant, Bostan Khan, challenging a Lahore High Court judgment dated 16-11-1980, which had dismissed his revision petition against the acquittal of three respondents. The core legal question before the Supreme Court was whether the lower courts erred in failing to give sufficient weight to the testimony of a police witness, Sher Muhammad (P.W.12), and the complainant (P.W.9), particularly in the absence of independent corroboration despite a history of blood feud between the parties. The petitioner argued that the presence of the complainant at the crime scene, as observed by the police witness shortly after the incident, should have been sufficient to warrant a conviction. Upon review, the Supreme Court found no merit in the petitioner's contentions. The Court concurred with the High Court's assessment of the evidence and concluded that the testimony did not provide a sufficient basis to overturn the acquittal. Consequently, the Court held that the case did not warrant the grant of leave to appeal and refused the petition, thereby upholding the acquittal of the respondents.
- Can a revision petition against an acquittal be sustained when the evidence lacks independent corroboration in a case of blood feud?
- Does the presence of a complainant at the crime scene, as witnessed by police shortly after the incident, necessitate a conviction despite the absence of other corroborating evidence?
ORDER
ASLAM RIAZ HUSSAIN, J.--Bostan Khan complainant-petitioner seeks leave to appeal against the judgment of the Lahore High, Court dated 16-11-1980, dismissing his revision petition against the acquittal of the three respondents.
2. We have gone through the impugned judgment and heard the learned counsel for the petitioner at considerable length. The main contention raised by him is that the learned Courts below had not given due weight to the statement of Sher Muhammad, Head Constable (P.W.12) who has reached the spot after about 20/25 minutes and had seen Bostan Khan (P.W.9) present at the spot, who was "keeping the head of the deceased in his lap". He, therefore, contended that despite the fact that there was long-standing enmity and blood feud between the parties, their testimony, specially that of Bostan Khan. (P.W.9), should have been believed in spite of the fact that there was no independent evidence to corroborate their statements.
3. Having carefully considered the testimony of Sher Muhammad, Head Constable (P.W.12) and Bostan Khan (PW.9), we are not persuaded to agree with this submission and respectfully concur with the conclusion arrived at by the High Court. We do not, therefore, consider it a fit case for grant of leave which is consequently refused. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.