KHAIR MUHAMMAD and others vs MUHAMMAD ASLAM and 5 others
This matter involves two cross-petitions for leave to appeal against a judgment of the Lahore High Court dated 10-3-1986. The first petition, filed by the first informant, challenges the High Court's decision to commute the death sentences of four respondents to imprisonment for life and to acquit a fifth respondent. The second petition, filed by the convicts, seeks their acquittal. The underlying case involves a violent incident resulting in the deaths of three individuals from the complainant's side and one individual from the accused's side. The Supreme Court, upon hearing the arguments from both sides, determined that the case warrants a re-appraisal of the evidence to ascertain whether the High Court's reasoning aligns with established principles governing the administration of criminal justice. Consequently, the Court granted leave to appeal in both petitions. Additionally, the Court issued non-bailable warrants for the respondent who had been acquitted and directed that the remaining respondents must not be released upon the expiry of their sentences pending the final disposal of the appeals.
- Does a case involving cross-versions of a murder incident where multiple deaths occurred warrant a re-appraisal of evidence by the Supreme Court?
- Can the Supreme Court issue non-bailable warrants for an acquitted respondent while granting leave to appeal against that acquittal?
1. ' GHULAM MUJADDID, J.--Two separate petitions for leave to appeal have been filed against the judgment of the Lahore High Court dated 10-3-1986--one by Khair Muhammad first informant, the other by Muhammad Aslam and five others.
2. In the former (Criminal Petition No,188 of 1986) the grievance is that appellate Court was not justified in commuting the death sentence of respondents 1 to 4 to imprisonment for life and acquitting Muhammad Ashraf respondent No,6.
3. In the latter (Cr.P.211 of 1986), the convicts have prayed for acquittal. We have heard learned counsel appearing in both the petitions. Three persons were murdered from the complainant side and one was killed from the accused. It is a fit case for re-appraisal of evidence so as to examine as to whether the reasons given by the High Court were in accordance with the principles governing the administration of criminal justice.
4. Leave is accordingly granted, in both the petitions. - Non-bailable warrants to issue against Muhammad Ashraf. The other respondents shall not be released after the expiry of their sentence .Pending disposal of the appeals.