SHAH MUHAMMAD and another vs Haji MUHAMMAD and 6 others
This matter arises from a petition for leave to appeal filed against the judgment of the Lahore High Court dated 26-6-1986, which acquitted the six respondents of charges under sections 148, 302, and 307/149 of the Pakistan Penal Code. The Trial Court had earlier convicted the respondents for murder and causing injuries, sentencing them to various terms of imprisonment including life imprisonment. The core legal question before the Supreme Court was whether the High Court erred in its re-appraisal of the evidence and in extending the benefit of the doubt to the acquitted respondents. The Supreme Court held that the reasons recorded by the High Court for the acquittal were sound and that the counsel for the petitioners failed to point out any flaw in the appraisal of evidence. The petition was accordingly dismissed and leave to appeal was refused. The key principle laid down is that the Supreme Court will not interfere with an acquittal order by the High Court when the appraisal of evidence is sound and no material flaw or legal error is established.
- Whether the Supreme Court will interfere with an acquittal order when the High Court's appraisal of evidence is sound?
- Does the failure to point out any flaw in the High Court's evaluation of prosecution witnesses warrant the grant of leave to appeal?
- Is an acquittal based on the benefit of the doubt liable to be set aside without establishing a legal error in the reasoning?
- Section 148, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
1. ' USMAN ALI SHAH, J.--Leave to appeal has been sought by the petitioners against the judgment and order of Lahore High Court, Lahore, dated 26-6-1986, passed in Cr. A. No, 349 of 1984 whereby, all the six respondents were tried under sections 148, 302 and 307/149, P.P.C. For the murder of Muhammad Nazir and causing injuries to Razzaq by the Addl. Sessions Judge, Faisalabad, convicted them on the said charges and sentenced them under section 148, P.P.C. For R.I. 1 year, under section 307/149, P.P.C. For five years R.I. And under section 302, P.P.C., R.I. For life imprisonment and each of them was fined to Rs,5,000 or in default to suffer further R.I. For six months. Their sentences were directed to run concurrently.
2. All the accused/respondents filed appeal before the High Court, against their convictions and sentences. A learned Single Judge who heard the appeal, after re-appraisal of the statements of the prosecution witnesses and that of the defence version, came to the conclusion that the prosecution has failed to prove its case against the respondents beyond any reasonable doubt and thus they were given the benefit of doubt and acquitted them from the above said charges.
3. ' The learned counsel for the petitioners before this Court has not been able to point out any flaw in appraisal of the evidence by the High Court. All the reasons recorded by the High Court for acquitting all the six accused are sound. As such it does not call for any interference by this Court.
4. Thus the petition is therefore, dismissed. Leave refused.