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Petitioner: ABAIDULLAH VS Respondent: SHAUKAT ALI and 2 others
Court Name: Lahore High Court Judge(s): Asif Saeed Khan Khosa, Mian Muhammad Najum-uz-Zaman Title: ABAIDULLAH vs SHAUKAT ALI and 2 others Case No.: Criminal Appeal No,165 of 2003 Date of Judgment:2004-05-18 Reported As: 2008 YLR 1423 Result: Appeal dismissed
Judgment ORDER ' Through this appeal the appellant has called in question the judgment dated 22-1-2003 handed down by the learned Sessions Judge, Kasur whereby respondents Nds.1 and 2 were acquitted of the charge in case F.I.R. No, 51 registered at Police Station Sadar, Kasur on 7-2-2002 for an offence under section 302, P.P.C. Read with section 34, P.P.C. 2. In support of this appeal it has been argued by the learned counsel for the appellant that sufficient incriminatory evidence was available on the record establishing culpability of respondents Nos.1 and 2 and, therefore, the learned trial Court was not justified in acquitting the said respondents. 3. After hearing the learned counsel for the appellant and going through the impugned judgment passed by the learned trial Court we have noticed that while recording the acquittal of respondents Nos.1 and 2 the learned trial Court had observed that the prosecution had failed to prove the motive set up by it; the presence of the eye-witnesses at the scene of the crime at the relevant time was quite doubtful; the prosecution had failed to conclusively establish the place of occurrence; the weapon of offence mentioned in the F.I.R. Was changed by the eye-witnesses during the trial; the recovery of weapon was legally inconsequential; the medical evidence contradicted the ocular account; and, therefore, the prosecution had failed to prove its case against respondents Nos.1 and 2 beyond reasonable doubt. 4. The learned trial Court had arrived at its conclusions vis-a-vis respondents Nos.l and 2 after an exhaustive assessm ent and evaluation of the evidence available on the record. The learned counsel for the appellant has remained unable to point out any misreading or non-reading of the record on the part of the learned trial Court. The reasons advanced by the learned trial Court for
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recording the acquittal of respondents Nos.l and 2 have not been found by us to be either arbitrary or perverse and the conclusions arrived at by it regarding respondents Nos.1 and 2 have been found by us to -be such that any reasonable Court could have arrived at the same upon a fair assessm ent of the evidence available on the record. In these circumstances no occasion has been found by us for interference with the impugned judgment of acquittal vis-a-vis respondents Nos.1 and 2 and this appeal is, therefore, summarily dismissed under section 421, Cr .P.C.