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Petition for Special Leave to Appeal No. 289 of 1967, decided on 6th December 1967.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 23rd October 1967, in Criminal Revision No. 1135 of 1967).
S. 323‑One of defence witnesses admitting that incident of assault and injury on complainant in fact occurred‑No reason assigned as to why case should be re examined in any respect‑Leave to appeal to Supreme Court refused‑Constitution of Pakistan (1962), Art. 58(3).
S. M. Almas Ali, Advocate Supreme Court instructed by Abdul Karim, Attorney for Petitioners.
Nemo for the State.
Date of hearing : 6th December 1967.
‑The prosecution case on which the three petitioners stand convicted has been accepted by three Courts below, after proper scrutiny of the evidence in the first two Courts.
The revision in the High Court was summarily rejected. Leave is sought to appeal further.
The offence charged was that of causing hurt to Ali Muhammad, an acting lambardar, when he went to the petitioners to collect the land revenue due from them. It has been held proved on the evidence of Ali Muhammad, P. W. 1, Ghulam Qadir P. W. 2 and Allah Bakhsh, P. W.4 together with the police report and the proof of injuries. The defence plea was that the whole case was false. A number of witnesses were produced to support, but one of them admitted that the incident of assaust and injury had in fact occurred.
Mr. Almas Ali is unable to adduce any reason why the case should be re‑examined in any respect. The petition is dismissed.
Petition dismissed.
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