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MUHAMMAD YASIN versus STATE


An order of the three courts under Article 185 (3) Criminal Code (V9 1898), Section 435 of the Conduct Code (XLV of 1860), Section 304, resulted in the retribution of the convictions against the accused under the Criminal Procedure Code. I arrived. The simultaneous findings that the prosecution successfully proved the case against the accused under section 430 under A were denied PPC's leave to appeal.
1986 S C M R 1641

Present: Abdul Qadir Shaikh and Zaffar Hussain Mirza, JJ

MUHAMMAD YASIN‑‑Petitioner

versus

THE STATE‑‑Respondent

Petition for Leave to Appeal No. 48‑K of 1986, decided on 2nd June, 1986.

(On appeal from the judgment and order of the Sind High Court, Karachi, dated 3‑4‑1986 in Criminal Revision Application No. 3 of 1984).

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 185(3)‑‑Criminal Procedure Code (V of 1898), S. 435‑‑Penal Code (XLV of 1860), S.304‑A‑‑Order of all three Courts below, upholding conviction recorded against accused under S.304‑A, Penal Code, arrived at as a result of concurrent findings that prosecution had successfully proved case against accused under S.304‑A, P.P.C.‑‑Leave to appeal refused.

Abdul Hafeez Memon, Advocate Supreme Court and R.A. Qureshi, Advocate‑on‑Record for Petitioner.

Nemo for Respondent.

Date of hearing: 2nd June, 1986.

ORDER

ABDUL KADIR SHAIKH, J.‑‑

This is a petition for leave to appeal from the judgment of a learned Judge of Sind High Court dismissing a revision application filed by the petitioner and thereby upholding the conviction recorded against the petitioner under section 304‑A, Pakistan Penal Code for which he was sentenced to two years' R.I. and pay fine of Rs.3,000.

After having heard the learned counsel in support of the petition we find that no exception can be taken against the concurrent findings of all the three Courts below that the prosecution has successfully under section 304‑A. The petition has, therefore, no merit and is accordingly dismissed.

M.Y.H. Petition dismissed.

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