| Citation(s) |
|---|
| 2014 SLG 2722 2014 SLD 2722 2014 PCRLJ 1702 |
Lahore High Court
Criminal Appeal No. 808 of 2011, decided on 22nd April, 2014
MEHMOOD MAQBOOL BAJWA AND MISS AALIA NEELUM, JJ
Abdus Sattar Chughtai for Appellant. Munir Ahmad Sial, Deputy Prosecutor-General for
Respondents
Criminal Appeal No. 808 of 2011, decided on 22nd April, 2014
MEHMOOD MAQBOOL BAJWA AND MISS AALIA NEELUM, JJ
Abdus Sattar Chughtai for Appellant. Munir Ahmad Sial, Deputy Prosecutor-General for
Respondents
MUHAMMAD ARSHAD
VS
ALLAH DITTA and 4 others
Law:
Section:
(a) Criminal Procedure Code (V of 1898)-------S. 417--- Appeal against acquittal---Scope---In appeal against acquittal, Appellate Court cannot interfere in the unless it finds that view of Court regarding acquittal of accused is unreasonable and perverse. (b) Penal Code (XLV of 1860)--- ----S. 302--- Criminal Procedure Code (V of 1898), S.417---Qatl-e-amd---Appreciation of evidence---Acquittal of accused---Medical and ocular evidence, conflict between---Trial Court after recording of evidence acquitted both the accused of the charge---Validity---View taken by Trial Court was just and quite reasonable, not suffering from any perversity and it was not a case of misreading or non-reading of evidence---High Court observed that there was no doubt that a person was murdered but Court was to follow evidence on record---Accused could not be convicted on the basis of unreliable and untrustworthy evidence of eye witnesses running counter to medial evidence---Prosecution failed to prove its case against accused beyond any shadow of doubt and Trial Court had rightly appreciated evidence brought on record--- High Court declined to interfere in rendered by Trial Court which was not perverse---Appeal was dismissed in circumstances. Ali Sher and others v. The State 2008 SCMR 707; Barkat Ali v. Muhammad Asif and others 2007 SCMR 1812 and Jahangir v. Amanullah and others 2010 SCMR 491 rel. ORDER Muhammad Arshad, appellant has preferred this appeal against the judgment dated 2-5-2011 whereby respondents Nos.1 to 4, namely, Allah Ditta, Muhammad Yasin, Ghulam Rasool alias Baghi and Naveed, were acquitted by the learned Additional Sessions Judge, Pattoki, District Kasur, who being nominated in case F.I.R. No.165 dated 1-5-2010, Police Station Saddar Phoolnagar, District Kasur, were tried by the learned trial Court and ultimately they were acquitted of the charge. 2. Adumbrated in brief, the incident took place in the midnight of 30-4-2010 and 1-5-2010 in village Lakhan-Kay, Police Station Saddar Phoolnagar, District Kasur. It was alleged in the F.I.R. that the informant Muhammad Arshad himself (P.W.11) along with his brother, namely, Muhammad Ashraf (P.W.12) and one Vakil Ahmad…
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