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Petitioner: DIN MUHAMMAD VS Respondent: RASOOLA
1988 S C M R 318
1988 S C M R 318
Present: Nasim Hasan Shah, S.A.Nusrat and Ali Hussain Qazilbash, JJ
DIN MUHAMMAD--Petitioner
versus
RASOOLA and others--Respondents
Criminal Petition for Special Leave to Appeal No.159 of 1982, decided as 23rd November, 1987.
(On appeal from the judgment dated 14-2-1982 of the Lahore High Court, Lahore, passed in Criminal Appeal No.1341 of 1979).
Penal Code (XLV of 1860)--
---S.302/148/149--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal--Grant of--Petition against acquittal--Appreciation of evidence--Accused convicted under S.302/148/149, P.P.C., High Court having evaluated evidence on sound principles of perusal of evidence and no case having been made out for interference, leave to appeal was refused.
Ch. Muhammad Abdus Saleem, Advocate Supreme Court instructed by Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioner.
Ch.Wahidud Din Virk, Advocate Supreme Court instructed by Ch.Mehdi Khan Mehtab, Advocate-on-Record for Respondents Nos.1 to 6.
Dil Muhammad Tarrer, Advocate Supreme Court instructed by Ejaz Ahmad Khan, Advocate-on-Record for the State.
Date of hearing: 23rd November, 1987.
ORDER
ALI HUSSAIN QAZILBASH, J.--This is a petition for leave to appeal against the Judgment of the Lahore High Court, Multan Bench, dated 14-2-1982.
2. Rasoola, his son Talib, Gul Muhammad, Akbar, Muhammad and Lal, residents of Notak Mahmeed, Tehsil and District D.G.Khan, were charged under section 302/148/149, P.P.C. for committing the murder of Ahmad Bakhsh. The occurrence took place on 27-3-1978 at 2.00 p. m. within the area of Village Notak. After the arrest of the respondents and completion of the investigation, they were put to trial and were convicted by the learned Additional Sessions Judge. D.G.Khan, under Section 302/148/149 P P.C. and were sentenced to imprisonment for life and a fine of Rs.1,000 each or in default of payment of fine to undergo one year's R.I. each. They were also convicted under Section 148 P.P.C. and sentenced to one year's R.I. each. The sentences were ordered to run concurrently and the fine, if recovered, was to be paid to the heirs of Ahmad Bakhsh deceased as compensation, The respondents took their conviction and sentence to the High Court where the learned Single Judge was pleased to acquit all of them and the revision filed by the complainant for enhancement of the sentence of the respondents was also dismissed.
3. We have heard the learned counsel for the petitioner and have gone through the Judgments of the Courts below. We have considered the submissions made by him in the light of the evidence on record and the findings of the High Court and we find that the learned Judge has evaluated the evidence on sound principles of perusal of evidence. Therefore, no case has been made out for our interference. This petition is dismissed.
M.I./D-13./S Petition dismissed.