1998 PLP 1212 (SCMR)
MUHAMMAD RAMZAN‑‑‑Petitioner Versus ABBAS ALI and 2 others‑‑‑Respondents
| Citation | 1998 PLP 1212 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Zia Mahmood Mirza, Raja Afrasiab Khan and Munawar Ahmad Mirza, JJ |
| Parties | MUHAMMAD RAMZAN‑‑‑Petitioner Versus ABBAS ALI and 2 others‑‑‑Respondents |
Q1: What are the key laws and sections cited in 1998 PLP 1212 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 1212 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Zia Mahmood Mirza, Raja Afrasiab Khan and Munawar Ahmad Mirza, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 1212 (SCMR) (MUHAMMAD RAMZAN‑‑‑Petitioner Versus ABBAS ALI and 2 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Shahid Hussain Kadri, Advocate Supreme Court with Muhammad Aslam Chaudhary, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 28th February, 1997.
- Shahid Hussain Kadri, Advocate Supreme Court with Muhammad Aslam Chaudhary, Advocate-on-Record for Petitioner.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court dated 30‑10‑1996 passed in Criminal Appeals Nos.241, 249 and M.R. No.173 of 1992). Penal Code (XLV of 1860)‑‑‑. ‑‑‑‑S. 302/34‑‑‑Constitution of Pakistan (1973), Art.185(3)) ‑‑‑Appeal against acquittal‑‑‑Contention was that the prosecution case having been proved beyond reasonable doubt by ocular evidence of unimpeachable characters which was supported by medical evidence, High Court's judgment acquitting the accused was not based on cogent and valid reasons‑‑‑Leave to appeal was granted to the complainant for reappraisal of prosecution evidence for safe administration of criminal justice.
Judgment & Decree
RAJA AFRASIAB KHAN, J.
On 29th of January, 1990 at 9.30 a.m., a case under section 302/307/109/34, P.P.C. was registered on the statement of Muhammad Ramzan against Liaqat Ali, Abbas Ali, Muhammad Akram, Dilawar, Niamat Ali and Manzoor Hussain (dead) for the murder of Muhammad Shafi and causing injuries to Nazar Hussain with Police Station Batalx Colony, Faisalabad. An Additional Sessions Judge, Faisalabad vide his judgment, dated 20th of February, 1992 convicted Abbas Ali and Liaqat Ali under section 302/34, P.P.C. Liaqat Ali was sentenced to death plus fine of Rs.10,000 or in default thereof to undergo R.I. for two years. Abbas Ali was sentenced to imprisonment for life and fine of Rs.10,000 or in default thereof to suffer R.I. for two years. Benefit of section 382-B, Cr.P.C. was given to them. Vide the same judgment, the trial Judge acquitted Muhammad Akram, Dilawar and Niamat Ali by giving them the benefit of doubt. Liaqat Ali and Abbas Ali, the convicts filed separate appeals vide Criminal Appeals Nos.241 and 249 of 1992 respectively while the trial Judge sent Murder Reference No.173 of 1992 for confirmation of death sentence awarded to Liaqat Ali. The complainant filed Criminal Revision No.349 of 1992 challenging the acquittal of the respondents, Muhammad Akram, Dilawar and Niamat Ali. He sought enhancement of sentence of Abbas Ali from imprisonment for life to death. It was further prayed for grant of compensation to the legal heirs of the deceased. A learned Division Bench of the Lahore High Court vide its judgment dated 30-10-1996 accepted the appeals. In the result, the conviction and sentences of the respondents were set aside and they were acquitted. This petition for leave to appeal has been filed by Muhammad Ramzan against the impugned judgment.
2. Learned counsel argues that Muhammad Ramzan P.W.8, and Muhammad Ali P.W.9 have proved the prosecution version beyond reasonable doubt on the basis of evidence of unimpeachable character. There was, therefore, no justification for the High Court to acquit Liaqat Ali and Abbas Ali on the grounds which, according to him, are whimsical and not supported by the prosecution evidence. Learned counsel has taken us through the prosecution evidence to show that the judgment of acquittal having been recorded by the High Court is not based on cogent and valid reasons. The medical evidence lends support to the ocular account.
3. In these circumstances, reappraisal of the prosecution evidence is called for. Leave to appeal is, therefore, granted to the petitioner for the safe administration of criminal justice. N.H.Q./M-3356/S Leave granted.