1988 PLP 871 (SCMR)

JAVID IQBAL, J.‑‑This petition for leave to appeal is directed against the acquittal of respondents Suba Khan, Khalid Mahmood and Muhammad Siddiq. Learned counsel submits that respondents Khalid Mahmood and Muhammad Siddiq have since died. Therefore, their names be deleted from the list of respondents. Their names are accordingly deleted. This leaves only Suba Khan respondent in the field. Briefly the facts are that all the three respondents were tried under section 302/34, P.P.C. for the murder of Akhtar Hussain Shah and the trial Court convicted them under the aforesaid sections sentencing each of them to death plus fine. On appeal the Lahore High Court set aside their conviction and sentence and acquitted them. The dead body of the deceased was found hanging with a rope by the ceiling of an uninhabited house in the village. There is no eye‑witness of the occurrence and the case of the prosecution is based on circumstantial evidence. The death was caused due to asphyxia and shock caused by dislocation of cervical vertebra. The hands were tied with a rope in front, and the doctor had opined that it was homicidal strangulation. The deceased was last seer, in the company of the respondents by Manzoor Ahmad P.W.9 on the fateful night On 19th April, 1979 Muhammad Nazir P.W.12 and Muhammad Aslam P.W.13 produced before the Police Suba Khan respondent and others as each of them had made separate extra‑judicial confessions before them of the murder of the deceased. Thereafter, on 25th April, 1979 at the pointing out of Suba Khan respondent were recovered from his 'house shirt, shalwar, wrist watch (with name of the deceased in Urdu carved on its back) and ring belonging to the deceased. Then on 5th May, 1979 the fourth companion of the respondents namely Altaf Hussain Shah appeared before the police and voluntarily narrated all about the occurrence. He was subsequently tendered pardon and thus became an approver. It was submitted by learned counsel for the petitioners that there was no justification on the part of the Lahore High Court, Lahore in rejecting the evidence proving the guilt of Suba Khan respondent particularly when there was the testimony of the approver corroborated by the recoveries made from the house of Suba Khan respondent of the belongings of the deceased as well as evidence of his extra‑judicial confession. We grant leave in this case to consider as to whether the grounds of rejecting of evidence against Suba Khan respondent were proper and in accordance with the accepted principles of safe administration of criminal justice. Non‑bailable warrants to be issued against Suba Khan respondent. S.Q./K‑43/S Leave granted.