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Criminal Petition for Special Leave to Appeal No. 121 of 1968, decided on 27th June 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 19th February 1968, in Criminal Appeal No. 512 of 1966).
---- S. 302‑Petition for Special Leave to Appeal to Supreme Court against conviction‑Contention that eye‑witnesses interested and not supported by independent evidence- Question one of mere appreciation of evidence‑Leave refused -Constitution of Pakistan (1962), Art. 58 (3).
Mian Hamiduddin, Advocate Supreme Court instructed by Sh. Abdul Karim, Attorney Supreme Court for Petitioners.
Nemo for the State.
Date of hearing : 27th June 1968.
‑This petition for leave to appeal is from the judgment and order of a Division Bench of the High Court of West Pakistan at Lahore, by which the convictions and sentences of transportation for life under section 302/34, P. P. C. of the petitioners were confirmed. Learned counsel for the petitioners has contended that the witnesses who have furnished ocular evidence are interested witnesses and therefore in the absence of any corroboration by an independent source the same could not form the basis of the convictions. The question raised is merely one of appreciation of evidence and cannot be agitated in this Court in view of the findings arrived at by the Courts below accepting the evidence of the eye‑witnesses.
The petition is dismissed.
Leave refused.
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