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1985 SCMR 556

BARKAT ALI vs THE STATE And Another

Citation1985 SCMR 556
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Special Leave to Appeal No. 239 of 1980 Crl. Appeal No.
Date1985-08-08
Judge(s)Mian Burhanuddin Khan, Aslam Riaz Hussain, Shafi-ur-Rehman
ResultPetition dismissed

ORDER

1. ASLAM RIAZ HUSSAIN, J.--Barkat Ali petitioner has sought leave to appeal against the acquittal of Umra respondent of offence under section 325, P.P.C. He was tried alongwith 5 others including Mansha. Mansha was acquitted by the learned trial Magistrate but the remaining 5 were convicted under section 325/148. P.P.C. Under the former offence they were sentenced to 5 years each. On appeal the High Court acquitted all of them of the charge under section 148, P.P.C. It also acquitted Umra respondent of the charge under section 325, P.P.C. But dismissed the appeal of the remaining 4 co-accused, with respect to that charge.

2. Hence the present petition against the acquittal of Umra respondent of the charge under section 325, P.P.C.

2. We have heard the learned counsel for the petitioner and gone through the impugned judgment.

3. We notice that the High Court held that the eye-witnesses in the case were admittedly interested but it maintained the conviction of 4 co-accused on the ground that there was sufficient corroboration of the testimony of the eye-witnesses qua them, by way of the medical evidence and the motive.

4. The learned counsel for the petitioner, however, submitted that it was proved on the record that Umra respondent, to, had sufficient motive to join in the commission of the offence, which would be used as corroboration of the testimony of the eye-witnesses against him. But when asked to indicate any portion of the evidence of the record supporting this contention, he was unable to do so. We do not, therefore, find any reason to interfere with the impugned judgment acquitting Umra respondent.

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