Law:

Section:

Penal Code (XLV of 1860)---S.302/148/149---Constitution of Pakistan (1973), Art. 185(3)---High Court through the impugned had set aside the of Trial Court acquitting the accused and remanded the case to Trial Court for re-writing the ---Trial Court had disregarded and disbelieved without any justification material incriminating evidence on record and proceeded to dispose of the case on the basis of surmises and conjectures---Impugned was strictly in accordance with the principles of law---Trial Court's of acquittal being perverse, interference by High Court was warranted in the same---Leave to appeal was declined to accused in circumstances. Ghulam Sikandar and another v. Mamaraz Khan and others PLD 1985 SC 11 ref. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.--This petition for leave to appeal has been filed against the judgment dated 16th December, 2003 passed by Lahore High Court, Lahore whereby criminal appeal filed by the respondent has been allowed and the case was remanded to the learned trial Court for re-writing of the judgment. 2. Precisely stating the facts of the case are that petitioners were sent up to answer the charge under sections 302/148/149, P.P.C. vide F.I.R. (Exh.P.A.) registered on 15th August, 1989 at 5-00 p.m. within the area of Manga Mandi, Lahore in respect of stated allegation of murder of Maqbool alias Mukhi. Learned trial Court vide judgment dated 27th July, 1994 acquitted all the accused persons of the charge, however, learned High Court in revision petition, by means of impugned judgment dated 16th December, 2003, remanded the case to the trial Court for re-writing of the judgment for the following reasons:-- "We have considered the arguments propounded by the learned counsel for the parties and perused the record carefully. At the outset, we will deal with the contention of the learned counsel for the respondents regarding the conversion of the revision into appeal. It is well-settled by now that the High Court in exercise of its revisional jurisdiction cannot convert the findings of acquittal into that of conviction. The amendment came into force on 14-11-1994, which cannot be given effect retrospectively. We are, therefore, of the firm…

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