MIR HASAN vs THE STATE and others
The Supreme Court of Pakistan heard criminal petitions for leave to appeal against a consolidated judgment and order of the High Court of Sindh, Karachi. The High Court had accepted the appeals of private respondents, setting aside their convictions and sentences of life imprisonment under Sections 302, 149, and 148 of the Pakistan Penal Code 1860, while dismissing the petitioner's revision petition for sentence enhancement. The primary issue before the Supreme Court was whether the High Court's reversal of the trial court's conviction was legally justified where the conviction was allegedly based on sound and reasonable grounds supported by record evidence, and whether the High Court's acquittal was arbitrary, contrary to the record, and based on conjectures and surmises. After reviewing the relevant record and hearing counsel, the Supreme Court granted leave to appeal for the reappraisal of evidence and directed the issuance of non-bailable warrants against the acquitted respondents.
- Whether leave to appeal can be granted for the reappraisal of evidence where a High Court reverses a conviction based on sound grounds?
- Whether an appellate judgment of acquittal can be challenged on the ground that it is arbitrary, contrary to the record, and based on conjectures and surmises?
- Whether non-bailable warrants may be issued against acquitted respondents upon the grant of leave to appeal by the Supreme Court?
- Section 302, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
1. ' FAZAL ILAHI KHAN, J.---Leave is prayed for in these petitions against the consolidated judgment and order dated 7-9-1993 passed by the High Court of Sindh, Karachi in connected Criminal Appeals Nos. 185/90, 190 and 193 of 1990; and Cr. Revision No, 95/90 and 28/91; whereby the appeals filed by the respondents Nos. 2 to 7 have been allowed and sentences of life imprisonment etc. Passed against them under section 302 read with sections 149 and 148 P.P.C. Have been set aside and they have been set at liberty and the revision petitions filed by the petitioner in Cr.
2. Petition No, 84 of 1993 seeking enhancement of sentences etc. Have been dismissed.
3. ' We have heard the learned counsel for the petitioner and have been led through the relevant record on the points which prevailed with the learned High Court in accepting the respondents Nos.
4. 2 to 7 appeals. Leave is granted for reappraisal of evidence and to consider; whether, the judgment of the trial Court convicting the accused/respondents on a charge of murder could be reversed by the learned High Court of Sindh at Karachi, when such conviction was based on reasonable and manifestly sound grounds supported by the evidence on record. And as to whether the reasons for acquittal given by the High Court for upsetting the same are arbitrary, contrary to the record and are based on conjectures and surmises.
5. ' Non-bailable warrants shall issue against the respondents.