MUHAMMAD AKBAR vs Haji WAHID BAKHSH And Other
This matter arises from petitions for special leave to appeal filed by the complainant against the judgment of the High Court, which had set aside the conviction of seven respondents for murder and acquitted them of the charge under Section 302/34 of the Pakistan Penal Code 1860, while also dismissing the revision petition for enhancement of sentences. The core legal question concerned whether the acquittal by the High Court warranted interference by the Supreme Court. The Supreme Court held that the reasons recorded by the Division Bench of the High Court for acquitting the respondents were sound and the case was not a fit one for interference. Consequently, the petition seeking leave to appeal against the acquittal was dismissed, and the connected petition for enhancement of sentences was dismissed as infructuous. The key principle laid down is that the Supreme Court will not interfere with an order of acquittal by the High Court when the reasons for acquittal recorded by the appellate court are found to be satisfactory upon review.
- Whether the Supreme Court will interfere with an order of acquittal passed by the High Court when the reasoning of the High Court is found to be satisfactory?
- Does the dismissal of a petition against an acquittal render a connected petition for enhancement of sentence infructuous?
- Section 302/34, Pakistan Penal Code 1860
ORDER
ASLAM RIAZ HUSSAIN, J.--This order will dispose of Crl. PSLA No.16/81 and 17/81 both filed by Muhammad Akbar petitioner against the acquittal of the respondents.
2. Facts giving rise to these petitions are, briefly that 7 persons namely:
1. Haji Wahid Bakhsh
2. Waryam
3. Atta Muhammad 4.Bashir Ahmad
5. Zulfiqar
6. Muhammad Afzal, and
7. Muhammad Aslam, were tried for the murder of Muhammad Abdullah and Muhammad Kaswar, which took place on the night between 15th and 16th of September, 1977. The learned trial court by its judgment dated 11-10-1978, respondents 4 to 7 were convicted and sentenced to death under section 302/34 PPC it convicted and sentenced the remaining respondents to imprisonment for life.
The convicts filed an appeal against their conviction and sentence before the High Court while Muhammad Akbar complainant-- petitioner filed a revision petition for the enhancement of the sentences awarded to Wahid Bakhsh, Waryam and Atta Muhammad.
The learned High Court vide its judgment dated 24-11-1980 accepted the appeal of the respondents and acquitted all the 7 respondents and dismissed the revision filed by Muhammad Akbar complainant for the enhancement of sentences of the accused--respondents.
Hence the present petitions by the complainant.
3. In Cr. PSLA No.16/81 the complainant seeks leave to appeal against the judgment of the High Court with a view to get the acquittal of respondents 1 to 7 of the charge under section 302/34 PPC, set aside. Through Cr. PSLA No. 17/81 he seeks enhancement of the sentences of Wahid Bakhsh, Waryam and Atta Muhammad in case acquittal of the charge under section. 302/34 PPC is set aside).
4. We have gone through the impugned judgment and heard the learned counsel for the petitioner at considerable length. We are inclined to agree with the reasons recorded by a learned Division Bench of the High Court for acquitting the 7 respondents-accused and do not, therefore, consider it a fit case for interference by this Court. Cr. PSLA No. 16/81 is, therefore, dismissed. .
5. Since Cr. PSLA No.16/81 against acquittal of the 7 respondents has been dismissed, the petition for enhancement of the sentences of the 3 respondents (in Crl. PSLA No. 17/81) has become infructuous and is consequently dismissed as such.