2005 PLP 1305 (SCMR)
IRSHAD MUHAMMAD — Petitioner Versus MUHAMMAD BAKHSH alias KALI — Respondent
| Citation | 2005 PLP 1305 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Iftikhar Muhammad Chaudhry, Actg. C.J. Faqir Muhammad Khokhar and Tassaduq Hussain Jillani, JJ |
| Parties | IRSHAD MUHAMMAD — Petitioner Versus MUHAMMAD BAKHSH alias KALI — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2005 PLP 1305 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 1305 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Iftikhar Muhammad Chaudhry, Actg. C.J. Faqir Muhammad Khokhar and Tassaduq Hussain Jillani, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1305 (SCMR) (IRSHAD MUHAMMAD — Petitioner Versus MUHAMMAD BAKHSH alias KALI — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ghulam Sabir, Advocate Supreme Court and Mehmoodul Islam, Advocate-on-Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 25th January, 2005.
Headnotes / Summary
(On appeal from judgment dated 26-6-2003 of the Lahore High Court, Multan Bench, passed in Criminal Appeal No.219 of 1999, Criminal Revision No.137 of 1999 and Murder Reference No.372 of 1999).
S. 302/34
Constitution. of Pakistan (1973), Art.185(3)
High Court, after taking into consideration and discussing the prosecution evidence, had formed an opinion in favour of accused without omitting anything
Acquittal of accused did not call for any interference in circumstances
Leave to appeal was declined to complainant by Supreme Court accordingly. Ghulam Sikandar and another v. Mamaraz Khan and others PLD 1985 SC 11 ref.
Judgment & Decree
IFTIKHAR MUHAMMAD CHAUDHRY, ACTG. C.J.
In this petition acquittal of Muhammad Bakhsh alias Kali recorded by the Lahore High Court, Multan Bench, has been assailed with the prayer to grant leave to appeal.
2. Precisely stating the prosecution case is that the respondent along with two others namely Khushi Muhammad (since died) and Saifullah faced trial vide F.I.R. No.215 of 1998 (Exh.P.K.) lodged by complainant Irshad Muhammad for murders of two persons namely Muhammad Ibrahim and Muhammad Iqbal. The learned trial Court after completion of trial found them guilty for the commission of offence as such they were awarded death sentence on two counts with direction to pay Rs.30,000 on each count to the heirs of deceased and to undergo 6 months' S.I. in default of payment of compensation. Learned High Court, in appeal, affirmed the death sentence of Khushi Muhammad and Saifullah whereas Muhammad Bakhsh alias Kali respondent was acquitted of the charge.
3. Learned counsel for the petitioner contended that sufficient incriminating evidence has been brought on record to establish guilt of the respondent but he has been acquitted by the learned High Court without any strong justification. It may be noted that the learned High Court on taking into consideration the prosecution evidence has acquitted respondent Muhammad Bakhsh alias Kali not guilty for the offence. The learned High Court discussed the evidence and formed opinion in his favour without omitting to take into consideration any piece of evidence, therefore, in such-like situation it is not possible for us to interfere in the impugned judgment following the law which has been laid down in the case of Ghulam Sikandar and another v. Mamaraz Khan and others PLD 1985 SC 11.
4. Thus, for the foregoing reasons, petition is dismissed. N.H.Q./I-111/S Leave refused.