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Petitioner: MUHAMMAD ASHRAF VS Respondent: GHULAM SAFDAR and others
Court Name: Supreme Court of Pakistan Judge(s): Naimuddin, Nasim Hasan Shah, Ali Hussain Qazilbash Title: MUHAMMAD ASHRAF vs GHULAM SAFDAR and others Case No.: Criminal Petition No,30-R of 1986 Date of Judgment:1989-06-21 Reported As: 1989 SCMR 1944 Result: Petition dismissed
Judgment ORDER ' NASIM HASAN SHAH, J.--This is a petition seeking leave to appeal against the judgment of the Lahore High Court dated 13-4-1986 acquitting Ghulam Safdar, respondent No,1, who stood convicted under section 302, P.P.C. And sentenced to death by the order of the learned Additional Sessions Judge, Attock dated 19-7-1981. ' Mr.M.Bilal, learned counsel for the petitioner, has taken us through the evidence and contended that the learned Judges in the High Court were not justified in setting aside the order of conviction and sentence passed by the learned trial Court and their order is erroneous. ' Mr.M.B.Zaman, learned counsel for the respondents, has been heard in reply. We feel that two views of the matter were indeed possible and the view taken by the High Court was a possible one. An order of acquittal cannot be set aside, in such circumstances. ' This petition for leave to appeal must, therefore, fail. It is dismissed accordingly.