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GHULAM FARID versus MANZUR AHMAD


Article 305 of the Constitution of Pakistan (1973) read, Article 185 (3) [Murder case] Release of appeal against conviction No circumstance of law or any material aspect of the evidence on the circumstances neglected by the High Court. , Refused to appeal

1983 S C M R 97

Present : Muhammad Afzal Zullah, Nasim Hasan Shah and Shafi‑ur‑Rehman, JJ

GHULAM FARID‑Petitioner

Versus

MANZUR AHMAD AND ANOTHER‑Respondents

Criminal Petition for Special Leave to Appeal No. 228 of 1979, decided on 21st June, 1982,

(On appeal from the judgment dated 28‑4‑1979 of the Lahore High Court, Bahawalpur Circuit in Criminal Appeal No. 60/78/BWP and Murder Reference No. 15/78/BWP).

Penal Code (XLV of 1860)‑‑

‑‑ S. 302 read with Constitution of Pakistan (1973), Art. 185(3) [Murder‑case]‑Leave to appeal against conviction‑No principle of law or any material aspect of evidence on circumstances ignored by High Court, leave to appeal refused.

A. K. Tayyub, Advocate Supreme Court and Sh. A. Karim, Advocate‑on -Record for Petitioner.

Sh. Ijaz Ali, Advocate‑on‑Record for the State.

Date of hearing : 21st June, 1982.

ORDER

NASIM HASAN SHAH, J.‑

This petition is directed against the judgment dated 28‑4‑1979 passed by a Division Bench of the. Lahore High Court (Bahawalpur Circuit, Bahawalpur) in Criminal Appeal No. 60 of 1978/BWP and Murder Reference No. 15 of 1978/BWP.

By the above judgment and order the High Court was pleased to accept the appeal of Respondents Nos. 1 and 2 and acquit them of the charge of murdering Rashid Ahmad.

By this petition for special leave to appeal, reversal of the order of acquittal passed by the High Court is prayed for.

We have heard Mr. A. K. Tayyub, in support of this petition, who in half‑hearted address tried to criticise the judgment of the High Court, but after hearing him we find that no principle of law or any material aspect of the evidence or circumstance has been ignored by the High Court and no ground exists for interference.

This petition must, therefore, fail and is, accordingly, dismissed.

Petition dismissed.

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