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1992 SCMR 1703

MUHAMMAD ARSHAD vs QASIM ALI and 5 others

Citation1992 SCMR 1703
CourtSupreme Court of Pakistan
Case No.Criminal Review Petition No,14-L of 1991
Date1992-05-20
Judge(s)Abdul Qadeer Chaudhry, Shafi-ur-Rehman, Saad Saood Jan
ResultReview dismissed.

' SHAFIUR RAHMAN, J.---The petitioner seeks review of our judgment dated 18-8-1991 whereby criminal appeals 54, 55 and 56 of 1988 were disposed of by a consolidated judgment. It resulted in the acquittal of three (respondents Nos.3 to 5) while maintaining the acquittal of respondent No,1 and the conviction and sentence of only one respondent/convict Muhammad Tufail (Respondent No,2). The grounds taken up for moving this review petition are numerous.

2. The first ground with regard to the misreading of the record concerns the observation of the Court that Abdul Hameed (P.W.14) was an interested witness for the reason that he happened to be the brother of Murad Ali (P.W.4) whose son-in-law Shaukat was involved in the earlier case. It is correct that there has been a slight misreading of evidence because Abdul Hameed (P.W.14) is shown to be the son of Kharati while Murad Ali (P.W.4) is shown to 'be the son of Qaim Din. Such a relationship as was taken to be existing between them did not in fact exist. However, the interested character of this witness is nevertheless established from an admission made by him as hereunder relatable to the earlier occurrence in which son of Qasim Ali acquitted accused of the present case was murdered:-- "It is incorrect to suggest that I made false deposition in case of murder of Rashid, son of Qasim Ali.

Again said I appeared as witness, in the challan which was sent by Sarfraz Inspector. In that challan Muhammad Tufail and others were accused. It is correct that during occurrence of murder of Rashid, Khurshid daughter of Shafi was injured by bullet."

3. On the- same subject, another witness Muhammad Arshad (P.W.12) the complainant in the case had also admitted in his statement as hereunder:-- "It is correct to suggest that Abdul Hameed and Ashiq appeared as witnesses in the case of murder of Rashid but they appeared on behalf of the complainant Muhammad Shaft. I, Muhammad Sharif deceased, Hanif P.W. And my grandmother Fateh Bibi also appeared as prosecution witnesses in that case?

4. The conclusion drawn by the Court is sustainable on this material though not on the material which was referred to in the judgment and which, as pointed out by the learned counsel for the petitioner, is the result of misreading.

5. As regards the infliction of injuries, their being ante-mortem or postmortem, and the involvement of the other accused charged for that, these are matters intricately concerned with the appraisement of evidence on facts. The expert's opinion is not decisive on such matters and the Court has to form an independent opinion on material that has come on the record. Of course, assistance can be sought from the expert's opinion. We are not, therefore, inclined to reappraise in review the entire factual evidence with a view to come to the conclusion to which the learned counsel for the petitioner would like us to arrive.

6. While appraising the evidence we have not laid down in the judgment any principle of law of general application such as may require reconsideration. The facts peculiar to the case have been taken note of and plausible conclusions drawn from evidence recorded, keeping in view the safe C administration of criminal justice where the benefit of all reasonable doubt is extended to the accused and not to the prosecution.

7. In the circumstances, we find no merit in this review petition and the same is dismissed.

Review dismissed.

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