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Petitioner: MIR AFZAL VS Respondent: NIAMAT KHAN and others
Court Name: Supreme Court of Pakistan Judge(s): Naimuddin, Ali Hussain Qazilbash, Shafi-ur-Rehman Title: MIR AFZAL vs NIAMAT KHAN and others Case No.: Criminal Petition No, 51-R of 1989 Date of Judgment:1989-06-13 Reported As: 1990 SCMR 1307 Result: Petition dismissed
Judgment ORDER ' ALI HUSSAIN QAZILBASH, J.---In this petition for leave to appeal the order of a learned Division Bench of the Lahore High Court, Rawalpindi Bench, dated 27-2-1989, is impugned. 2. The respondents, namely, Niamat Khan and Abdullah Khan, alongwith Usman Gul and Mian Din, were tried by the Sessions Judge, Attock, under section 302/34, P.P.C. For the murder of Haleem Gul on 26-12-1985 at 4-45 p.m. In the area of village Kani, Police Station Makhad. After the conclusion of the trial, Usman Gul and Mian Din were acquitted, as per judgment dated 17-12-1986, and Niamat Khan and Abdullah Khan were convicted under section 302/34, P.P.C. And sentenced to death and a fine of Rs, 5,000 each or in default to two years' R.I. The above order was questioned by the two respondents and a revision petition was also filed by the complainant against the acquittal of Usman Gul and Mian Din. Reference was also made under section 374 Cr.P.C. For the confirmation of the death sentence. All the three matters were taken up together by the High Court, and vide the impugned judgment the appeal of the respondents was allowed and they were acquitted. The revision petition filed by the complainant was dismissed. 3. We have heard the learned counsel for the parties and have gone through the impugned judgment. All that the learned counsel for the petitioners seeks is re-appraisal of evidence on the question of fact. Having considered his submissions in the light of the evidence on record and the observations of the learned Judges, we do not consider this case to be a fit one for undertaking that exercise. 4. The petition is thus dismissed.