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Criminal Petition for Special Leave to Appeal No. 126 of 1968, decided on 25th June 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 2nd January 1968, in Criminal Appeal No. 576/66).
Art. 58 (3)‑Mere question of appreciation of evidence in a Criminal case‑Petition for Special Leave rejected.
Abdul Majid-Khan, Advocate Supreme Court instructed Nasim‑ul‑Haque Amjad,. Attorney for Petitioner.
Nemo for Respondents.
Date of hearing : 25th June 1968.
.‑This is a petition for special leave to appeal by a complainant in a criminal case who is aggrieved by the order of a learned Single Judge of the High Court, made in appellate jurisdiction whereby he acquitted respondents 1‑7 of the charges under sections 452/149 and 148, P. P. C. and while maintaining the conviction of respondent No. 1 (Rahim Bakhsh) under section 301', P. P. C. with a sentence of 3 years' R. I., altered that of the others from section 307/149, P. P. C. to one under section,323, P. P. C. reducing their sentences to the period of imprisonment already undergone by them they had been in jail for 3 months. According to the finding of the learned Single Judge based on his appraisal of the evidence, the fight between the parties had occurred on the spur of the moment. Each of the 7 accused person was, therefore, held individually liable for the part played by him. The learned counsel's criticism of this finding is based on appreciation of evidence, which according to him, was not correctly made in the High Court.
We decline to interfere as we do not consider that the conclusions reached by the High Court are in any manner arbitrary and untenable.
The petition is dismissed.
Leave refused.
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