Penal Code (XLV of 1860)--
--S. 302/149- Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal--Appraisal of evidence--Appeal against acquittal--Supreme Court being of the view that High Court had evaluated evidence on sound principles for appraisal of evidence in criminal cases, declined to interfere and refused leave to appeal.
Amjad Ahad Sheikh, Advocate Supreme Court, instructed by Sh. Masood Akhtar, Advocate-on-Record for Petitioner.
Sh. Naseem Hussain, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record for Respondents No. 1 to 9.
Muhammad Iqbal Vehniwal, Advocate, Supreme Court, instructed by Ejaz Ahmad Khan, Advocate-on-Record for Respondent No. 10.
Date of hearing: 15th November, 1987.
MUHAMMAD ISMAIL VS RUKAN DIN1988 S C M R 142Present: Nasim Hasan Shah, S. A. Nusrat and Ali Hussain Qazilbash, JJMUHAMMAD ISMAIL--PetitionerversusRUKAN DIN and 9 others--RespondentsCriminal Petition for Special Leave to Appeal No. 314 of 1982, decided on 15/11/1987.(On appeal from the judgment dated 4-7-1982 of the Lahore High Court, Lahore passed in Criminal Appeal No. 68 of 1980, Murder Reference No. 30 of 1980).
ORDER
ALI HUSSAIN QAZILBASH, J.--This is a petition for leave to appeal against the judgment of a Division Bench of the Lahore High Court, dated 4-7-1982.
2. Rukan Din and eight others, residents of Chak No.150 G.B. Police Station Rajana, District Faisalabad, were tried by the Additional Sessions Judge, Faisalabad for the murder of Abdul Ghafoor and his brother Muhammad Ismail and for murderous assault on Muhammad Iqbal, Mst. Niamat Bibi, Mst. Salamat Bibi and Mst. Hajran. The occurrence was alleged to have taken place on 15-1-1977 at 8.00 in the morning in the house of the complainant. The learned trial Court, after recording the prosecution's evidence and the statements of respondents under section 342 Cr.P.C., convicted Rukan Din, Sardar Muhammad, Muhammad Akram, Muhammad Saleem, Muhammad Hussain, Shera and Muhammad Jamil, respondents, under section 302/149, P.P.C. on two counts and sentenced to suffer life imprisonment each and to a fine of Rs.10,000 each and in default to three years' R.I. each on each count. Muhammad Ashraf and Bahadur, respondents, were also convicted under section 302/149 PPC on two counts and sentenced to life imprisonment a fine of Rs.10,000 and in default to three years' R.I. on each count. Muhammad Ashraf respondent was further convicted under section 302/149 PPC for the murder of Abdul Ghafoor and sentenced to death and a fine of Rs.10,000 or in default to three years' R.I. Bahadur Ali respondent was convicted under section 302/149 PPC for causing the death of Muhammad Tufail and sentenced to death, to a fine of Rs.10,000 or in default to three years' R.I. Rukan Din, Sardar Muhammad, Bahadur Ali, Muhammad Saleem, Shera, Muhammad Akram, Muhammad Hussain, Muhammad Jamil and Muhammad Ashraf, respondents, were also convicted under section 148 PPC through the same judgment dated 15-12-1979 and sentenced to two years' R.I. each. They were further convicted under section 452, P.P.C. and sentenced to three years' R.I. each, a fine of Rs.2,000 each or in default to one year's further R.I. each. They were also convicted under section 323/149, P.P.C. on two counts and sentenced to suffer six months' R.I. each on two counts. They were also convicted under section 324/149, P.P.C. and sentenced to suffer six months' R.I. each. The substantive sentences were, however, ordered to run concurrently. It was further ordered that half of the amount of fine when realized be paid as compensation to the legal heirs of the two deceased under section 544-A, Cr.P.C.
3. All the respondents went in appeal to the High Court where they were successful in securing a favourable order of 4-7-1982, hence the present petition against their acquittal.
4. We have heard the learned counsel for the petitioner and have gone through the judgment of the Court below and the record of evidence and are of the view that the learned Judges of the High Court have evaluated the evidence on sound principles for the appraisal of evidence in criminal cases and thus their finding does not require any interference by us.
5. Finding no force in the petition, the same is dismissed.
M.I. /M-239/S???????????????????????????????????????????????????????????????????????????????????? Petition dismissed.
--S. 302/149- Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal--Appraisal of evidence--Appeal against acquittal--Supreme Court being of the view that High Court had evaluated evidence on sound principles for appraisal of evidence in criminal cases, declined to interfere and refused leave to appeal.
Amjad Ahad Sheikh, Advocate Supreme Court, instructed by Sh. Masood Akhtar, Advocate-on-Record for Petitioner.
Sh. Naseem Hussain, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record for Respondents No. 1 to 9.
Muhammad Iqbal Vehniwal, Advocate, Supreme Court, instructed by Ejaz Ahmad Khan, Advocate-on-Record for Respondent No. 10.
Date of hearing: 15th November, 1987.
ORDER
ALI HUSSAIN QAZILBASH, J.--This is a petition for leave to appeal against the judgment of a Division Bench of the Lahore High Court, dated 4-7-1982.
2. Rukan Din and eight others, residents of Chak No.150 G.B. Police Station Rajana, District Faisalabad, were tried by the Additional Sessions Judge, Faisalabad for the murder of Abdul Ghafoor and his brother Muhammad Ismail and for murderous assault on Muhammad Iqbal, Mst. Niamat Bibi, Mst. Salamat Bibi and Mst. Hajran. The occurrence was alleged to have taken place on 15-1-1977 at 8.00 in the morning in the house of the complainant. The learned trial Court, after recording the prosecution's evidence and the statements of respondents under section 342 Cr.P.C., convicted Rukan Din, Sardar Muhammad, Muhammad Akram, Muhammad Saleem, Muhammad Hussain, Shera and Muhammad Jamil, respondents, under section 302/149, P.P.C. on two counts and sentenced to suffer life imprisonment each and to a fine of Rs.10,000 each and in default to three years' R.I. each on each count. Muhammad Ashraf and Bahadur, respondents, were also convicted under section 302/149 PPC on two counts and sentenced to life imprisonment a fine of Rs.10,000 and in default to three years' R.I. on each count. Muhammad Ashraf respondent was further convicted under section 302/149 PPC for the murder of Abdul Ghafoor and sentenced to death and a fine of Rs.10,000 or in default to three years' R.I. Bahadur Ali respondent was convicted under section 302/149 PPC for causing the death of Muhammad Tufail and sentenced to death, to a fine of Rs.10,000 or in default to three years' R.I. Rukan Din, Sardar Muhammad, Bahadur Ali, Muhammad Saleem, Shera, Muhammad Akram, Muhammad Hussain, Muhammad Jamil and Muhammad Ashraf, respondents, were also convicted under section 148 PPC through the same judgment dated 15-12-1979 and sentenced to two years' R.I. each. They were further convicted under section 452, P.P.C. and sentenced to three years' R.I. each, a fine of Rs.2,000 each or in default to one year's further R.I. each. They were also convicted under section 323/149, P.P.C. on two counts and sentenced to suffer six months' R.I. each on two counts. They were also convicted under section 324/149, P.P.C. and sentenced to suffer six months' R.I. each. The substantive sentences were, however, ordered to run concurrently. It was further ordered that half of the amount of fine when realized be paid as compensation to the legal heirs of the two deceased under section 544-A, Cr.P.C.
3. All the respondents went in appeal to the High Court where they were successful in securing a favourable order of 4-7-1982, hence the present petition against their acquittal.
4. We have heard the learned counsel for the petitioner and have gone through the judgment of the Court below and the record of evidence and are of the view that the learned Judges of the High Court have evaluated the evidence on sound principles for the appraisal of evidence in criminal cases and thus their finding does not require any interference by us.
5. Finding no force in the petition, the same is dismissed.
M.I. /M-239/S???????????????????????????????????????????????????????????????????????????????????? Petition dismissed.
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