The respondents along with Nasir co-accused were tried by a learned Additional Sessions Judge at Sheikhupura on the charge of committing murder and vide his judgment, dated 12-2-1991, where Nasir co-accused was convicted, under section 302, P.P.C. And sentenced to death besides some fine and imprisonment in lieu thereof, the respondents were acquitted on benefit of doubt.
2. By this criminal revision the petitioner, who is complainant in the case, calls in question the order of their acquittal. The learned counsel for the petitioner while confronted with the situation that if he presses this criminal revision against the acquittal of the respondents, the same, if it ultimately succeeded, shall entail not only their retrial but also that of their co-accused Nasir, who stands sentenced to death, he has chosen to withdraw it. He, however, requests that he may be allowed to participate in the arguments to be A addressed in the criminal appeal of Nasir before the Division Bench' on behalf of the complainant.
3. This request appears to be in consonance with the dictates of Shariah which is now supreme law of the land by virtue of section 3 of the Enforcement of Shariah Act, 1991. It not only recognizes the right of an individual but also gives it preference over the right or authority of the State and its functionaries.
He shall, therefore, be well within his rights to oppose the appeal of Nasir convict before the Division Bench on behalf of the complainant.
3. With the above observations the criminal revision is dismissed as withdrawn.
M.B.A./D-2/L