THE STATE through AdvocateGeneral, Balochistan, Quetta vs KHUDA-I-DAD
The State filed a petition for leave to appeal against the acquittal of respondent Khuda-i-Dad by the High Court of Balochistan. The respondent had been tried along with seven others for murder under Section 302/34, P.P.C., and was initially convicted and sentenced to life imprisonment by the trial court. The High Court, however, acquitted Khuda-i-Dad while maintaining the conviction of a co-accused, Abdul Khaliq. The Supreme Court, having already accepted the criminal appeal of Abdul Khaliq and set aside his conviction and sentence, considered the respondent's case. The Court found that Khuda-i-Dad's case stood on a better footing than that of the co-accused and that he appeared to have been rightly acquitted by the High Court. Consequently, the Supreme Court dismissed the State's petition for leave to appeal, thereby upholding the acquittal of Khuda-i-Dad.
- Can the Supreme Court grant leave to appeal against an acquittal by the High Court?
- Whether an acquittal by the High Court can be upheld by the Supreme Court if the co-accused's conviction is also set aside?
- What is the standard for setting aside an acquittal in a murder case on appeal?
- Section 302, Pakistan Penal Code
- Section 34, Pakistan Penal Code
1. ' MUKHTAR AHMAD JUNEJO, J.---The State seeks leave to appeal against acquittal of respondent Khuda-i-Dad by the High Court of Baluchistan under a judgment dated 3-3-1994.
2. ' The respondent was tried with seven others for the murder of Abdul Wahab on 1-7-1991 at 7-15 p.m. At Chaman. At conclusion of the trial the respondent along with Abdul Khaliq appellant in Criminal Appeal No,113/94 was convicted for offence under section 302/34, P.P.C. And was awarded the sentence of life imprisonment and payment of Rs, five lacs as fine. Both, the respondent as well as Abdul Khaliq challenged their conviction and sentence in the High Court of Baluchistan. A learned Division Bench of said High Court under a judgment dated 3-3-1994 acquitted the respondent while maintained conviction of Abdul Khaliq. Hence this petition for leave to appeal against acquittal of the respondent.
3. After hearing the learned counsel appearing in Criminal Appeal No,113/94, we have accepted the same and have set aside the conviction and sentence of Abdul Khaliq. The case of respondent Khuda-i-Dad stands on better footing and he appears to have been rightly acquitted.
4. Consequently we dismiss this petition.
5. ' Such short order was passed on 14-12-1994 and these are reasons for the same. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.