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Petitioner: THE STATE through A.-G. N.-W.F.P. VS Respondent: GHULAM HAIDER and others
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Rabbani, Tasaddaq Hussain Jillani, Rana Bhagwan Das Title: THE STATE through A.-G. N.-W.F.P. vs GHULAM HAIDER and others Case No.:Criminal Petitions Nos.109-P, 120-P and 249 of 2003 Criminal Petition
No,109-P of 2003 Criminal Petition No,120-P of 2003 Criminal Petition No,249 of 2003 Date of Judgment:2007-05-07 Reported As: 2007 SCMR 1386 Result: Leave granted Judgment ORDER ' RANA BHAGWANDAS; ACTG. C.J.--- These petitions are directed against identical judgment of Peshawar High Court, dated 3-6-2003 accepting respondents' appeal against their conviction and sentence of life imprisonment on the charge of Qatl-i-Amd of deceased Muhammad Ishaq committed on or about 5-6-1999 at about 3-40 p.m. Respondents were also convicted under section 324, P.P.C. And sentenced to 4 years' R.I. They were convicted under sec on 148, P.P.C. And sentenced to one year's R.I. It may be observed that one of the assailants remains to be fugitive from law and a proclaimed offender. 2. We have heard Dr. Babar Awan and Mr. M. Zaman Bhatti, learned Advocate Supreme Court appearing in support of these petitions who have vehemently contended that this was a daylight occurrence promptly reported with local police; that eye-witness account did not suffer from any legal disability; that the, High Court wrongly substituted opinion of the medical expert by its own; that respondents remained proclaimed offenders for over a month and that there was no good reason for substitution of the respondents for real culprits. 3. After hearing learned counsel for the petitioners and upon tentative assessment of record, we are inclined to grant leave in order to ascertain whether the principles of appraisal of evidence laid down by this Court for safe administration of criminal justice system were fully adhered to and whether reasons recorded by the High Court can be sustained at law for reversing a judgment of conviction into acquittal. Order accordingly.
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4. Bailable warrants shall issue against the respondents in the sum of Rs,1,00,000 returnable to Deputy Registrar (Judicial) of this Court.