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Petitioner: MIR HASAN VS Respondent: THE STATE and others
Court Name: Supreme Court of Pakistan Judge(s): Fazal Ilahi Khan, Saeeduzzaman Siddiqui, Nasim Hasan Shah Title: MIR HASAN vs THE STATE and others Case No.:Criminal Petitions Nos. 71-K to 75-K of 1993 and Criminal Petition No, 84 of
1993 Date of Judgment:1994-01-11 Reported As: 1994 SCMR 1739 Result: Leave granted Judgment ORDER ' FAZAL ILAHI KHAN, J.---Leave is prayed for in these petitions against the consolidated judgment and order dated 7-9-1993 passed by the High Court of Sindh, Karachi in connected Criminal Appeals Nos. 185/90, 190 and 193 of 1990; and Cr. Revision No, 95/90 and 28/91; whereby the appeals filed by the respondents Nos. 2 to 7 have been allowed and sentences of life imprisonment etc. Passed against them under section 302 read with sections 149 and 148 P.P.C. Have been set aside and they have been set at liberty and the revision petitions filed by the petitioner in Cr. Petition No, 84 of 1993 seeking enhancement of sentences etc. Have been dismissed. ' We have heard the learned counsel for the petitioner and have been led through the relevant record on the points which prevailed with the learned High Court in accepting the respondents Nos. 2 to 7 appeals. Leave is granted for reappraisal of evidence and to consider; whether, the judgment of the trial Court convicting the accused/respondents on a charge of murder could be reversed by the learned High Court of Sindh at Karachi, when such conviction was based on reasonable and manifestly sound grounds supported by the evidence on record. And as to whether the reasons for acquittal given by the High Court for upsetting the same are arbitrary, contrary to the record and are based on conjectures and surmises. ' Non-bailable warrants shall issue against the respondents.