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Petition for Special Leave to Appeal No. 85 of 1968, decided on 30th May 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Karachi. Bench, Karachi, dated the 2nd February 1968, in Criminal Appeal No. 360 of 1965).
Art. 5(3)‑--Conviction under S. 307, P. P. C.‑‑Question involved being one of mere appreciation of evidence‑--Special leave to appeal declined by Supreme Court.
M. B. Zaman, Senior Advocate Supreme Court (Shaukat All, Advocate Supreme Court with him) instructed by Khalilur Rahman, Attorney for Petitioners.
Nemo for the State.
Date of hearing: 30th May 1968.
The petitioners Ghulam Rasool and Bashir Ahmad stand convicted under section 307/34 of the Pakistan Penal Code and sentenced to rigorous imprisonment for three years each. Their convictions rest on the evidence of Wali Muhammad (P. W. 1), who was target of the shot, and Mst. Emna (P. W. 2), who was inmate of the house. The Courts below have, for good and sufficient reasons, accepted their evidence. The points raised by the learned counsel merely go to the appreciation of the evidence. Following our usual practice we decline to re‑examine the evidence for the third time in the absence of any illegality of procedure or violation of any principle in appreciation of evidence.
This petition is, accordingly, dismissed.
Leave refused.
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