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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: ALI MUHAMMAD and 4 others VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Asif Saeed Khan Khosa, Mian Muhammad Najum-uz-Zaman Title: ALI MUHAMMAD and 4 others vs THE STATE Case No.: Criminal Miscellaneous No.1 of 2004 Criminal Appeal No.2180 of 2003 Date of Judgment:2004-06-07 Reported As: 2005 MLD 1090 Result: Petition dismissed
Judgment ORDER ' Criminal Miscellaneous No.1 of 2004. ' Through this miscellaneous petition Amanat Shah petitioner-appellant has sought suspension of his sentences of imprisonment and release on bail during the pendency of his appeal before this Court. 2. After hearing the learned counsel for the parties and going through the impugned judgment passed by the learned trial Court we have observed that according to the prosecution's case the petitioner stood saddled with the responsibility of effectively firing at the deceased and at four injured witnesses two of whom had appeared before the learned trial Court. The weapon of offence had been recovered from the petitioner's possession during the investigation of this case. After assessing and evaluating the evidence available on the record the learned trial Court had found that the prosecution had succeeded in establishing the petitioner's guilt beyond reasonable doubt. It may be true that some of the petitioner's co-accused had been acquitted by the learned trial Court but the case against the said acquitted accused was distinguishable from the case against the petitioner inasmuch as no weapon had been recovered from the possession of the said acquitted co-accused whereas a fire-arm had statedly been recovered from the petitioner's possession during the investigation. The submissions made by the learned counsel of the petitioner regarding the merits of the case necessarily require appreciation of evidence which exercise cannot be undertaken by us at such a pre-mature stage. This miscellaneous .Petition is, therefore, dismissed.