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Criminal Petition for Special Leave to Appeal No. 441 of'1982, decided on 30th March, 1983.

(Against the order of the Lahore High Court; Lahore, dated 11th December, 1982 passed in Criminal Revision No. 683 of ‑1982).

‑‑‑ Art. 185(3) read with Penal Code (XLV of 1860), 5s. 307 &,325‑r Conviction for grievous hurt‑Leave to Appeal sought on ground, that since six co‑accused were acquitted because statements of eye‑witnesses were not supported by Medical evidence, petitioner should AM be acquitted‑Acquittal of six co‑accused by Addl.‑ Sessions Judge, however, found not justified‑Petition dismissed.

Mehar Ghulam Ali Mubashar, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioners.

Date of hearing: 30th March, 1983.

‑Ashaq petitioner was tried aloagwith six' others for offence under section 307/149, P. P. C. for causing injuries and making murderous assault on Jan Muhammad, P. W. The learned trial Magistrate convicted the petitioner and four others and sentenced each of them to 4 years' R.1. and a fine of Rs. 1,000 (one year R. 1;. each in case of default). He discharged the remaining two co‑accused under the Probation of Offenders Order, 1960. On appeal the learned Additional Sessions Judge, acquitted six accused but dismissed the appeal of Ashaq petitioner. He, however, reduced his conviction from 307, P. P. C: to that under section 325, P. P. C. and maintained his sentence. He then filed a criminal revision before ‑the High Court, which too, was dismissed vide the impugned order.

Hence the present petition:

2. We have gone through the relevant portions of the impugned order of the learned Courts below and beard the learned counsel for the petitioner. The only contention urged by him was that since the six co‑accused were acquitted on the ground that the statements of the eye‑witnesses were not supported by the medical evidence, it is apparent that the said witnesses are not trustworthy and as such the petitioner should also be acquitted: We are afraid, we are not persuaded to agree with this contention because on going through the judgment of the learned Additional Sessions Judge, Lahore; w feel that the acquittal of the six co‑accused by him was not justified. 'This petition, therefore, fails and is dismissed as being without any merit;

S. Q.

Leave refused

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