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Petitioner: BASHIR AHMAD VS Respondent: SABIR ALI
1988 S C M R 360
1988 S C M R 360
Present: Aslam Riaz Hussain, Muhammad Afzal Zullah and Saad Saood Jan, JJ
BASHIR AHMAD--Petitioner
versus
SABIR ALI and others--Respondents
Criminal Petition for Special Leave to Appeal No.216 of 1981, decided on 12th December, 1987.
(Against the judgment of the Lahore High Court, Lahore, dated 18-3-1981 passed in Criminal .Appeal No.887 of 1979 and Revision Petition No.958 of 1979).
Penal Code (XLV of 1860)
---S.304, Part II--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal--Grant of--Appreciation of evidence--Petition against acquittal--High Court having appreciated evidence properly, held, justified in acquitting accused--Leave to appeal refused.
Jari Ullah Khan, Advocate Supreme Court and Iqbal Ahmad Qureshi, Advocate- on-Record for Petitioner.
Farooq Hussain Naqvi, Advocate Supreme Court and M.A.Qureshi, Advocate-on-Record, for Respondents Nos.1 to 4.
Sadiq Hayat, Advocate Supreme Court for the State.
Date of hearing: 12th December, 1987.
ORDER
ASLAM RIAZ HUSSAIN, J.--Petitioner seeks leave to appeal against the judgment of the Lahore High Court dated 18-3-1981 acquitting the respondents 1 to 4, in a case u/s 304 Part-II, P.P.C.
2. We have gone through the impugned judgment and heard the learned counsel for the petitioner at considerable length. He took us through the relevant portions of the evidence on the record with view to show that the High Court had not properly appreciated the evidence and had wrongly believed the testimony of Sq. Leader Ghulam Muhammad Chaudhry (DW.1) with respect to the plea of alibi taken by Faqir Muhammad respondent.
3. After giving our anxious consideration to the contentions raised by the petitioner's counsel in the light of the evidence referred to by him, we are not persuaded to agree with the same. We are of the view that the High Court has appreciated the evidence properly and was justified in acquitting the respondents.
Leave is, therefore, refused.
M.I. /B-27/S Petition dismissed.