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1994 SCMR 946

SULTAN AHMAD vs Mst. NASEEM BEGUM and another

Citation1994 SCMR 946
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Leave to Appeal No, 46-L of 1993 Criminal Appeal No,
Date1993-06-15
Judge(s)Muhammad Rafique Tarar, Muhammad Afzal Lone, Shafi-ur-Rehman
ResultLeave refused

ORDER

' SHAFIUR RAHMAN, J. ---The petitioner, complainant in a case registered under section 302/436, P.P.C. Seeks leave to appeal against the judgment of the Lahore High Court dated 28-11-1992 whereby the conviction of the respondent No,1 for murdering her husband by putting him on fire was set aside and sire was acquitted.

2. We find that the High Court's judgment gives good reasons for acquittal and these are: absence of sufficient motive on the part of the respondent to murder her husband; the non-production of Iftikhar who was instrumental in taking the injured/deceased Muhammad Sharif to the Hospital; the delayed F.I.R. And the burning on the foot of the respondent herself. The respondent had been married to the deceased fifteen years back. She had three children. It also appears that the father of the deceased had married twice, had a number of issues from both the wives and was being prevailed upon by his issues to deal with them fairly and proportionately in the matter of sale of land and distribution of its price. In this background of events and for the reasons recorded, the High Court adopted the correct yardstick for A administering the criminal justice and found the prosecution case not proved beyond reasonable doubt. No misreading of the record or misapplication of the law is found to exist.

' Leave to appeal is, therefore, refused.

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