NAZIRA vs MUKHTAR AHMED and 2 others
This petition for leave to appeal was filed against the acquittal of respondents by the Lahore High Court for the charge of murder under Section 302(b) of the Pakistan Penal Code 1860. The respondents were initially convicted by the trial court under Section 302(b) read with Section 544-A of the Code of Criminal Procedure 1898, but their convictions were set aside on appeal as no fatal injury was attributed to them, and recoveries from them were insignificant. The Supreme Court examined the findings of the High Court and noted that the reasoning for acquittal was based on proper evaluation of evidence and correct application of law. The Court reiterated the established principle that the mere possibility of another view of the evidence does not constitute a valid ground to interfere with an order of acquittal. Consequently, the Supreme Court found no merit in the petition and declined to grant leave to appeal, thereby dismissing the matter.
- Whether the mere possibility of another view of the evidence constitutes a valid ground to interfere with an acquittal?
- Does ineffective firing without matching crime empties recovered from the spot sustain a conviction for murder under Section 302(b) of the Pakistan Penal Code 1860?
- Can an appellate court set aside a conviction when the primary fatal blow is attributed to an absconding co-accused rather than the respondents before the court?
- Section 302(b), Pakistan Penal Code 1860
- Section 544-A, Criminal Procedure Code 1898
- Section 382-B, Criminal Procedure Code 1898
- Section 324, Pakistan Penal Code 1860
ORDER
' SH. RIAZ AHMAD, C.J.---This petition for leave to appeal calls in question acquittal of respondents on the charge under section 302(b), Pakistan Penal Code for the murder of Shahbaz deceased.
Initially, they were tried by an Additional Sessions Judge at Sargodha and were convicted and sentenced to undergo life imprisonment and to pay fine of Rs,50,000 each as compensation in terms of section 544-A, Criminal Procedure Code to the legal heirs of deceased, or in default, to further suffer S.I. For six months each with benefit as contemplated by section 382-B, Criminal Procedure Code. They were acquitted of the charge under section 324, Pakistan Penal Code.
2. On appeal a learned Judge of the Lahore High Court seized of the appeal adverting to the facts and merits of the case held that motive was attributed to Saif Ullah who was responsible to have caused fatal blow to deceased and not to respondents. It may be stated that Saif Ullah had become absconder and was subsequently tried. No injury whatsoever was attributed to respondents except ineffective firing and though recoveries were effected from them but obviously they were insignificant on account of absence of any crime empty having been recovered from the spot. Thus, in our view the learned Judge had justifiably and competently set aside the conviction of the respondents and the reasons advanced to acquit the respondents of the charge are based on correct application of law and proper evaluation of evidence existing on record. It is now well established that -merely because another view of the evidence can be formed hardly constitutes a valid ground to interfere with the acquittal.
' For the foregoing reasons we do not find any merit and substance in this petition and dismiss it accordingly. Leave to appeal is declined.
Cited by 1 case
- WAZEER Versus State 2020 PCrLJN 188