BASHIR AHMED vs MUHAMMAD RIAZ and 3 others
This petition for leave to appeal arises out of a judgment of the Lahore High Court concerning a criminal matter involving a cross-version or sudden fight resulting in fatalities on both sides. The core legal question is whether the High Court erred in law by characterizing the incident as a sudden affair without properly discussing the evidence, failing to assign reasons for concluding that one of the deceased was killed by the complainant party, and omitting findings on whether the assailants came armed from a distance with the intention to launch a murderous assault. The Supreme Court of Pakistan held that the High Court's conclusion lacked clear evidentiary backing and discussion, making it a fit case for the reappraisal of evidence. Consequently, the Court granted leave to appeal and ordered the issuance of bailable warrants against the respondents.
- Whether leave to appeal should be granted for the reappraisal of evidence when the High Court concludes that an incident was a sudden affair without discussing the evidence or assigning reasons?
- Does coming from a distance armed with firearms affect the determination of whether an attack constitutes a sudden affair?
ORDER
1. ' RASHID AZIZ KHAN, J.---We have heard the learned counsel for the petitioner at length and with his assistance gone through the judgment impugned. The main contention of the learned counsel for the petitioner is that the assailants came from a distance of three kilometres to the place of abode of the complainant side and launched an attack with fire-arms which resulted in the death of Muhammad Ishaq on the side of complainant and Muhammad Aslam Bagga on the side of accused persons. Submits that the learned Division Bench of Lahore High Court erred in law by holding that it was a sudden affair without giving any finding to effect that they came armed with fire-arm from a far-off place with the intention to launch murderous assault on the complainant side. We have also noticed that learned Division Bench without discussing evidence or assigning any reason just came to the conclusion that Muhammad Aslam Bagga was done to death by the fire of complainant side. The evidence on the basis of which they came to this conclusion is not clear. We feel, it is a fit case in which leave to appeal should be granted for reappraisal of evidence.
2. Order accordingly.
3. ' Let bailable warrants of arrest against Muhammad Riaz, Muhammad Akram and Muhammad Nawaz in the sum of Rs,50,000 each, with one surety in the like amount, returnable to Sessions Judge, Faisalabad be issued. 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.