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Petition for Special Leave to Appeal No. 93 of 1968, decided on 31st May 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 21st February 1968, in Revision Application No. 136 of 1966).
Art. 58(3) Petition for Special Leave to Appeal against conviction in criminal matters‑Supreme Court normally does not undertake re‑appraisal of evidence accepted by Courts below‑Leave refused‑Penal Code (XLV of 1860), S. 304‑A.
Azimuddin, Advocate Supreme Court instructed by S. Abdul Karim, Attorney for Petitioner.
Nemo for the State.
Date of hearing : 31st May 1968.
‑‑The petitioner, Muhammad Khalil, was convicted under section 304‑A of the Pakistan Penal Code and sentenced to two years' rigorous imprisonment together with a fine of Rs. 500 by the trial Magistrate. His appeal was dismissed by the additional Sessions Judge and he also failed it revision before the High Court of West Pakistan, Karachi Bench. This is a petition, on his behalf, for special leave to appeal from the order of the High Court.
The points urged in support of the petition for special leave to appeal by Mr. Azimuddin, on behalf of the petitioner, go merely to the appreciation of the evidence on which the conviction of the petitioner rests. This Court normally does not undertake to re‑appraise the evidence which has been accepted by the Courts below. No special ground has been made out for departure from this rule. The petition is dismissed.
Leave refused.
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