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Petition for Special Leave to Appeal No. K‑46 of 1967, decided on 12th February 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 20th July 1967, in Confirmation Case No. 39 of 1966 and Criminal Appeal No. 187 of 1966),
S. 302/34‑Conviction of several accused under S. 302/34 upheld by High Court‑Single eye‑witness alleged to be inimical to accused and Supreme Court granting Special Leave to Appeal to some of accused to re‑examine evidence‑Case against rest of accused resting on same evidence‑Special Leave to Appeal granted to them as well.
Ahmad Saied Qureshi, Advocate Supreme Court instructed by Shaikh Hyder Bakhah, Attorney for Petitioners.
Nemo for the State.
Date of hearing: 12th February 1968.
‑This petition seeks special leave to appeal against the dismissal by the High Court of an appeal by the three appellants Habibullah, Ghafoor and Ahmad against their con victions under section 302/34, C. P. C. Two other persons Sher and Khakan had been convicted along with the three petitioners, and had appealed to the High Court along with the latter. Their appeals too had been dismissed. Sher and Khakan filed a jail petition in which Habibullah also joined. Leave to appeal was granted to them on the 8th September 1967, on the consideration that there was a single eye‑witness of the occurrence, who was not on good terms with the accused persons and therefore, the evidence needed to be re‑examined to ensure safe dispensation of justice.
As the case against Ghafoor and Ahmad rests on the same evidence, we grant them leave to appeal. Leave has already been granted to Habibullah.
Leave granted.
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