MUHAMMAD KHAN vs FAQIR HUSSAIN KHAN and 3 others
This matter concerns a petition for leave to appeal against an order of acquittal passed by a Magistrate in a criminal complaint filed under Section 193/34 of the Pakistan Penal Code 1860. The petitioner alleged that the respondents committed forgery by misrepresenting the date of death of Mst. Hashmate Bibi to claim an inheritance share. The Magistrate acquitted the respondents after finding insufficient evidence, and the Lahore High Court dismissed the subsequent appeal, ruling that the petitioner's evidence regarding the date of death was inadmissible under Section 78 of the Evidence Act 1872. Before the Supreme Court, the petitioner challenged these findings. The Supreme Court held that the determination of the date of death was a question of fact, which the lower courts had correctly concluded in favour of the respondents based on credible evidence. The Court affirmed that the petitioner's documentary evidence lacked material authenticity compared to the official record produced by the Union Council. Consequently, the Court refused leave to appeal, upholding the acquittal.
- Is the determination of a date of death based on conflicting evidence considered a question of fact that appellate courts should generally not disturb?
- Does a document regarding death occurring in pre-partition India require authentication under Section 78 of the Evidence Act 1872 to be admissible in evidence?
- Section 193, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 417, Code of Criminal Procedure 1898
- Section 78, Evidence Act 1872
ORDER
1. ' USMAN ALI SHAH, J.--The petitioner before us had filed a complaint under section 193/34, P.P.C.
2. Against the respondents Nos. 1 to 3 before Section 30 Magistrate, alleging that by forged documents showing the death of Mst.Hashmate Bibi wife of Wazir Ali as 6-3-1961, they claimed her share in inheritance in the estate of Muhammad Tufail being her brother, who died in December, 1960, and got falsely Rs,10,000 from the petitioner as consideration of their share in the estate. The learned Magistrate Faisalabad after making a thorough inquiry and recording the evidence of the witnesses produced by the parties held that the complainant Muhammad Khan has failed to produce sufficient m aterial evidence against the accused party and vide his order dated 10-9- 1977, acquitted the accused party from the charges levelled against them.
3. ' The petitioner filed an application under section 417 of Cr.P.C. For grant of leave to appeal from the order of acquittal dated 10-9-1977 of the M.I.C. Faisalabad. A learned Single Judge of the Lahore High Court vide his short order held that the document on the basis of which the petitioner wanted to prove the death of Mst. Hashmate before the creation of Pakistan, on 26-5-1943 in District Hoshiarpur is not authenticated as required under section 78 of the Evidence Act, thus is not admissible in evidence, and dismissed the petition in limine. Now the petitioner has come up to this Court for leave to appeal.
4. ' After hearing the learned counsel for the petitioner we do not think that this petition has any merit, which deserves dismissal straightaway. It is an admitted fact that Mst. Hashmate Bibi was the sister of Muhammad Tufail and the respondents are her successors-in-interest. The question whether she had died on 26-5-1943 at Hoshiarpur (India) or in Pakistan in Tehsil Chishtian on 6-3-1961 is a question of fact which has rightly been concluded by the Courts below in favour of the respondents. The document produced by the petitioner in support of his claim does not bear material authenticity whereas against it the record produced by Majid Ahmad (P.W.7) Secretary Union Council, showing the death of Mst. Hashmate Bibi as occurred. On 6-3-1961 is more genuine and plausible. Under the circumstances, we do not think that any case for consideration of this Court has been made out. Leave to appeal is therefore, refused.
Cited by 3 cases
- AZIM SHAH vs MIRAJ BIBI and 23 others 2012 MLD 1196
- GHULAM MUHAMMAD LALI Versus IMTIAZ AHMED LALI 2006 PLD 661
- MEHBOOB ALI and another vs Mst. SHARIFAN BIBI and 21 others 1991 CLC 1201