2004 PLP 755 (SCMR)

Mian Muhammad Bashir, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 9th December, 2002. TANVIR AHMED KHAN, J.--Leave to appeal is sought against the judgment dated 9th May; 2002 whereby Criminal Appeal No. 1735 of 2000 filed by respondent No.2, Muhammad Yasin alias Kali was accepted and he was acquitted of the charge.

2. Facts briefly are that F.I.R. No.117 was got registered at the instance of P.W.1, Rafique Ahmed complainant on 11-3-1997 at 4-15 a.m. at Police Station, Chunian, for an occurrence stated to have taken place at 2-00 a.m. under sections 302/34, P.P.C. for the murder of his son Babar. The matter was investigated. Accordingly challan was submitted against the petitioner. The occurrence was narrated by P. W .1, Rafique Ahmed complainant, the father of the deceased and Azam Mahmood, P.W.3, brother of the deceased. The learned trial Judge through his judgment dated 25th October, 2000 convicted the petitioner under section 302(b), P.P.C. and sentenced him to imprisonment for life. He was also directed to pay compensation of Rs.20,000 to the heirs of the deceased under section 544-A, Cr.P.C. or in default of payment of fine, he was to undergo further two months' imprisonment. Benefit of section 382-B, Cr.P.C. was accorded to the petitioner.

3. The petitioner filed Criminal Appeal No.1735 of 2000 and the learned Single Judge of the Lahore High Court after examining the evidence brought on record in-depth passed the impugned judgment acquitting respondent No.2, hence this petition for leave to appeal.

4. We have considered the contentions and have gone through the documents appended with this petition. It is reflected from the perusal thereof that the alleged occurrence had taken place on the first night of the lunar month at 2-00 a.m. near the Nala about 24 acre away from the residence of the complainant as the deceased in an injured condition was taken out from the, same. The eye-witnesses could not advance any plausible reason for their presence at the said place at that time of the night. Even otherwise nothing has been brought on record that there was any source of light in which the eye-witnesses could have identified the accused. They are merely chance witnesses and the account stated by them does not inspire confidence.

5. The motive part could not be substantiated by the prosecution during the trial. The recovery of alleged Chhuri is of no consequence as the same was not stained with human blood. The medical evidence is also not in line with the ocular account. Learned counsel for the petitioner, has failed to substantiate any justifiable reason for interference in the impugned judgment in which the learned Single Judge of the Lahore High Court has given cogent reasons in recording the acquittal of the respondent. Resultantly, for what has been discussed above, criminal petition is dismissed and leave refused. N.H.Q./M-732/S Leave refused.