| Case ID |
4270a489-a45b-442b-a573-672e7822d06f |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No. 65 of 19 |
| Decision Date |
Mar 20, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the acquittal of Asal Muhammad and others in a murder case. The Court found that the High Court's conclusions regarding the ocular evidence, medical evidence, recovery of empties, and motive were supported by the evidence on record. The acquittal was not deemed perverse, nor were the reasons for acquittal considered artificial. The Court emphasized the distinct considerations for appeals against acquittals compared to convictions, noting that unless the findings of the High Court were in disregard of the evidence, interference would not be warranted. Consequently, the petition was dismissed, affirming the High Court's judgment. |
| Summary |
This case revolves around a murder that occurred on March 15, 1988, in District Kohat, where Gul Khan Mir was shot and killed. Rasool Muhammad, the complainant and brother of the deceased, lodged a FIR against Asal Muhammad and others. The trial court initially convicted the accused and sentenced them to life imprisonment. However, upon appeal, the Peshawar High Court acquitted Asal Muhammad, leading to this Supreme Court petition. The Supreme Court upheld the High Court's decision, emphasizing the importance of evidence and the standard for overturning acquittals. Key legal principles include the significance of ocular and medical evidence, the necessity of presenting evidence during the examination phase, and the implications of abscondence. This case is significant in understanding the legal thresholds for appeals in criminal law, particularly concerning murder charges, and highlights the court's cautious approach in matters of acquittal. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MIR HAZAR KHAN KHOSO, JJ,
MUHAMMAD MUNIR KHAN, J
|
| Lawyers |
Abdul Hakeem Khan Kundi,
Ejaz Muhammad Khan
|
| Petitioners |
RASOOL MUHAMMAD
|
| Respondents |
KHAN MUHAMMAD,
ASAL MUHAMMAD,
RASHID GUL
|
| Citations |
1995 SLD 360,
1995 SCMR 1373
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan, 1973
|
| Sections |
302/34,
185(3)
|