| Citation(s) |
|---|
| 2004 SLG 2919 2004 SLD 2919 2004 PLD 875 |
Supreme Court of Pakistan
Criminal Petition No. 292-L of 2001, heard on 30th April, 2004. (On appeal against the judgment dated 16-4-2001 passed by Lahore High Court Lahore in Criminal Appeal No. 282 of 1992).
IFTIKHAR MUHAMMAD CHAUDHARY, RANA BHAGWANDAS AND SARDAR MUHAMMAD RAZA KHAN, JJ
Muhammad Yaqub Sabir, Advocate Supreme Court for Petitioner. Zulfiqar Ahmed Bhutta Advocate Supreme Court and Ejaz Muhammad Khan Advocate-on-Record (absent) for
Respondent No. 1. Nemo for
Respondent No. 2. Muhammad Akbar Tarar Addl. A.G. and Mrs. Afshan G
Criminal Petition No. 292-L of 2001, heard on 30th April, 2004. (On appeal against the judgment dated 16-4-2001 passed by Lahore High Court Lahore in Criminal Appeal No. 282 of 1992).
IFTIKHAR MUHAMMAD CHAUDHARY, RANA BHAGWANDAS AND SARDAR MUHAMMAD RAZA KHAN, JJ
Muhammad Yaqub Sabir, Advocate Supreme Court for Petitioner. Zulfiqar Ahmed Bhutta Advocate Supreme Court and Ejaz Muhammad Khan Advocate-on-Record (absent) for
Respondent No. 1. Nemo for
Respondent No. 2. Muhammad Akbar Tarar Addl. A.G. and Mrs. Afshan G
MUHAMMAD SHAFI
VS
MUHAMMAD ASGHAR and others
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--- ---S. 417(2A)---Penal Code (XLV of 1860). Ss. 302 & 332---Constitution of Pakistan (1973) Art. 185(3)---Acquittal---Offence of murder and hurt--Person aggrieved---Scope---Provision of S. 417(2-A), Cr.P.C. concedes a right of appeal in case of acquittal to a person aggrieved i.e. heirs (Walis) of the deceased in a murder case and to a victim in hurt cases and in their presence no one else including the informer can exercise such right--Held, in a case, pertaining to murder, if his Wali(s) are alive and in case of hurt victim (himself) both fall within the definition of "person aggrieved" and they can challenge an acquittal order and in their presence no one else, including the informer or any other person who is not primarily interested in the prosecution of the case can legitimately prefer acquittal appeal---Principles---Leave to appeal was refused. Federation of Pakistan through Secretary Ministry of Law and others v. Gul Hassan PLD 1989 SC 633 and Mir Gul v. Abdul Karim 1999 PCr.LJ 1507 ref. Zahid Ali v. Abdul Hameed and another 1996 PCr.LJ 586; The State through Deputy Director (FIA) of Pakistan at Quetta v. Zahid Nadeem and others 1996 MLD 506 and Sardar Muhammad v. Muhammad Israr 1995 SCMR 1356 distinguished. Per Rana Bhagwandas, J; Sardar Muhammad Raza Khan, J agreeing--[Majority view] (b) Criminal Procedure Code (V of 1898)--- ----S. 417(2-A)---Penal Code (XLV of 1860), S. 302---Constitution of Pakistan (1973), Art. 185(3)---Appeal against acquittal before Supreme Court---Expression "person aggrieved" occurring in S. 417(2-A), Cr.P.C.--Scope---Provision of S.417(2-A), Cr.P.C. confers a right of appeal before the High Court against acquittal on a "person aggrieved"--- Such provision would not be strictly applicable to the proceedings before the Supreme Court---Principles---Leave to appeal was granted by Supreme Court to the petitioner .who was nephew of the deceased. He was eyewitness to the occurrence and first informant in the case and thus undoubtedly an "aggrieved, person". No doubt provision of S.417(2-A), Cr.P.C. confers a right of appeal before the High Court against acquittal on a person aggrieved…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492