1989 PLP 1980 (SCMR)
HAKIM JALAL KHAN Petitioner Versus HAMID AUGUSTIN and others Respondents
| Citation | 1989 PLP 1980 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Javid Iqbal, Ghulam Mujaddid and Saad Saood Jan, JJ |
| Parties | HAKIM JALAL KHAN Petitioner Versus HAMID AUGUSTIN and others Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 1989 PLP 1980 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1980 (SCMR)?
The case was heard and decided by the High Court bench comprising: Javid Iqbal, Ghulam Mujaddid and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1980 (SCMR) (HAKIM JALAL KHAN Petitioner Versus HAMID AUGUSTIN and others Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Hussain, Advocate Supreme Court for Petitioner.
- Nemo for Respondents Nos.1 to 3.
- Date of hearing: 17th April, 1989.
- Rao M. Yousaf Khan, Advocate‑on‑Record, Muhammad Akhtar, Addl. A.‑G. and Ch. Oamaruddin Khan Meo, Advocate Supreme Court for the State.
Headnotes / Summary
(From the order of the Lahore High Court, dated 19‑12‑1987 in P.S.L.A. No.2 of 1987). ‑‑‑S.302/149‑‑Constitution of Pak1stan (1973), Art. 185(3)‑‑Acquittal‑‑High Court after examining the evidence found that there was no prima facie case against the accused‑‑Trial was conducted in accordance with law and the High Court had properly considered the evidence‑‑Supreme Court declined to re‑appraise the evidence which had been done by the High Court‑‑Order of High Court called for no interference‑‑Petition dismissed. Noor Elahi v. The State etc. PLD 1966 SC 708 ref. Rao M. Yousaf Khan, Advocate‑on‑Record, Muhammad Akhtar, Addl. A.‑G. and Ch. Oamaruddin Khan Meo, Advocate Supreme Court for the State.
Judgment & Decree
GHULAM MUJADDID, J.‑‑Hakim Jalal Khan son of Budhay Khan, Christian, resident of House No.609‑A, Peoples Colony, Faisalabad, filed petition for‑ special leave to appeal in the Lahore High Court against the order, dated 6‑11‑1986 passed by the Additional Sessions Judge, Faisalabad, whereby respondents 1 to 3 and one Anthony Javaid were acquitted of the murder charge. The High Court by means of the impugned order admitted the petition only with regard to Anthony Javaid accused. Regarding the rest the petition was dismissed. The petitioner now seeks leave to appeal against the aforesaid order, his grievance being that the High Court ought to have admitted the petition against all. In support of this learned counsel for the petitioner submitted that there is overwhelming evidence to connect all the four accused with the alleged murder of Mst. Gladius which took place on 20‑7‑1983 at 8‑00 p.m. in Chak No.51/GB, Police Station Samundari D1strict Faisalabad. Learned counsel contended that neither the Additional Sessions Judge nor the High Court properly considered the evidence. Learned counsel tried to argue that the trial was not conducted in accordance with the principle laid down by this Court in the case of Noor Elahi v. The State etc. PLD 1966 SC
708. We don't find any force in any one of these submissions because the learned High Court after examining the evidence found that there was no prima facie case against the respondents. We are not inclind to re-appraise the evidence. That has been done by the High Court. Similarly we don't think that the trial stood vitiated for non compliance of the dictum laid down in the above‑referred case. The trial being in accordance with law and the High Court having properly considered the evidence the impugned order, as such, calls for no interference. Dismissed. MA.K/I‑84/S Petition dismissed.