Penal Code (XLV of 1860)--
---S. 302--Constitution of Pakistan (1973), Art. 185(3) Acquittal Leave to appeal granted against acquittal in order to examine as to whether or not evidence in the case had been appraised in accordance with established principles of safe administration of criminal justice.
Riazuddin Ahmad Khan, Advocate Supreme Court, instructed by Mohammad Aslam Chaudhry, Advocate-on-Record for Petitioner.
Nemat Khan, Advocate Supreme Court, instructed by Mr. Ejaz Ahmad Khan, Advocate-on-Record for Respondent No.6.
Nemo for Respondents Nos. 1 to 5.
ORDER
JAVID IQBAL, J.--This petition for leave to appeal has been filed by Mukhtar Ahmad complainant, petitioner against the judgment of a Division Bench of the Lahore High Court, Bahawalpur Bench Bahawalpur, dated 17 January, 1982.
Ahmad Bakhsh, Hazoor Bakhsh, Ghulam Rasool, Faqira and Ghulam Yasin respondents were tried for offences under section 302/149/148 PPC and vide judgment dated 30th June 1980 of the trial Court all of them were convicted under section 302/149 PPC. Ahmad Bakhsh respondent was sentenced to death plus fine whereas the other four respondents were sentenced to life imprisonment plus fine each. They were also convicted under section 148 PPC and sentenced to one year's RI each. In appeal before the Lahore High Court Bahawalpur Bench, all of them were acquitted.
The deceased in the instant case is Haji Habibullah. The occurrence took place at 4 p.m. on 8th January 1979 at the shop of the deceased in the village. The FIR was promptly lodged by Mukhtar Ahmad complainant-petitioner nephew of the deceased at 4-15 p.m. on the same day. After the arrest of the respondents, from Ahmad Bakhsh respondent was recovered human blood-stained hatchet, and also at the time of arrest was got removed from his person human blood-stained shirt. The prosecution version is being supported by Mukhtar Ahmad complainant-petitioner nephew of the deceased and Abdul Ghaffar son-in-law of the deceased. From other respondents no recovery was effected.
The motive as set up by the prosecution was that one of the member of the accused party namely Faqira respondent had snatched money from the deceased who had got a case under section 392 PPC registered against him. Similarly one Karim Bakhsh brother of Ahmad Bakhsh respondent was apprehended on the spot by the complainant side while committing theft of the Patta of tubewell of the deceased. According to the eye-witnesses' account the main part in attacking the deceased had been ascribed to Ahmad Bakhsh respondent whereas to the other respondents mainly Lalkara had been attributed.
Learned counsel for the petitioner argued that the occurrence took place at 4 p.m. in a crowded Bazar at the shop of the deceased. The FIR was lodged promptly. The eye-witnesses ascribed major part to Ahmad Bakhsh respondent for having caused the murder of the deceased and their version was being corroborated by the recoveries effected from him and furthermore it was supported by the medical evidence. In such circumstances there was no justification. in the part of learned Judges of the Division Bench of the Lahore High Court Bahawalpur Bench to hold that there were grave and lurking doubts regarding the implication of all the respondents including Ahmad Bakhsh in this crime. It was submitted by the learned counsel that he does not press this petition for leave as against the respondents other than Ahmad Bakhsh respondent.
Since learned counsel does not press this petition in respect of the respondents other than Ahmad Bakhsh, the petition is hereby dismissed as not pressed so far as Hazoor Bakhsh, Ghulam Rasool, Faqira and Ghulam Yasin respondents are concerned. But leave is granted only against the acquittal of Ahmad Bakhsh respondent in order to examine as to whether or not the evidence in his case has been appraised in accordance with the well-established principles of safe administration of criminal justice. Bailable warrants to issue against Ahmad Bakhsh respondent in the sum of Rs.35,000 with two sureties each in the like amount to the satisfaction of the Assistant Commissioner Rahimyar Khan.
S. Q./M-217/SLeave granted.
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