MIR AFZAL vs NIAMAT KHAN and others
This matter originated as a petition for leave to appeal against a judgment of the Lahore High Court, which had acquitted the respondents, Niamat Khan and Abdullah Khan, of charges under section 302/34 of the Pakistan Penal Code 1860. The respondents had originally been convicted by the Sessions Judge, Attock, for the murder of Haleem Gul and sentenced to death. The High Court, in a consolidated judgment, allowed the respondents' appeal, acquitted them, and dismissed the complainant's revision petition against the acquittal of two other co-accused. The core legal question before the Supreme Court was whether the High Court's acquittal of the respondents warranted interference by the apex court. Upon reviewing the submissions and the evidence on record, the Supreme Court held that the petitioner was essentially seeking a re-appraisal of evidence on questions of fact. The Court determined that the case did not meet the threshold for such an exercise. Consequently, the petition for leave to appeal was dismissed, affirming the principle that the Supreme Court generally declines to re-evaluate factual findings in criminal appeals where no legal error is demonstrated.
- Does the Supreme Court undertake a re-appraisal of evidence on questions of fact in a petition for leave to appeal against an acquittal?
- Is a case fit for interference by the Supreme Court if the petitioner merely seeks a re-evaluation of factual findings made by the High Court?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 374, Code of Criminal Procedure 1898
ORDER
' ALI HUSSAIN QAZILBASH, J.---In this petition for leave to appeal the order of a learned Division Bench of the Lahore High Court, Rawalpindi Bench, dated 27-2-1989, is impugned.
2. The respondents, namely, Niamat Khan and Abdullah Khan, alongwith Usman Gul and Mian Din, were tried by the Sessions Judge, Attock, under section 302/34, P.P.C. For the murder of Haleem Gul on 26-12-1985 at 4-45 p.m. In the area of village Kani, Police Station Makhad. After the conclusion of the trial, Usman Gul and Mian Din were acquitted, as per judgment dated 17-12-1986, and Niamat Khan and Abdullah Khan were convicted under section 302/34, P.P.C. And sentenced to death and a fine of Rs, 5,000 each or in default to two years' R.I. The above order was questioned by the two respondents and a revision petition was also filed by the complainant against the acquittal of Usman Gul and Mian Din. Reference was also made under section 374 Cr.P.C. For the confirmation of the death sentence. All the three matters were taken up together by the High Court, and vide the impugned judgment the appeal of the respondents was allowed and they were acquitted. The revision petition filed by the complainant was dismissed.
3. We have heard the learned counsel for the parties and have gone through the impugned judgment. All that the learned counsel for the petitioners seeks is re-appraisal of evidence on the question of fact. Having considered his submissions in the light of the evidence on record and the observations of the learned Judges, we do not consider this case to be a fit one for undertaking that exercise.
4. The petition is thus dismissed.