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1987 SCMR 1888

AHMAD NAWAZ And Another vs The STATE

Citation1987 SCMR 1888
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Leave to Appeal No.72 of 1983 Criminal Appeal No. 199
Date1987-07-25
Judge(s)Shafi-ur-Rehman, Saad Saood Jan
ResultLeave refused

ORDER

SAAD SAOOD JAN, J.--The petitioners seek leave to appeal to challenge their convictions of offences under sections 302 and 323, read with section 34 of the Pakistan Penal Code. Their convictions rest upon the ocular evidence provided by Muhammad Khan and Ahmad Yar. Not only these witnesses lived at a short distance from the place of occurrence but were also injured during the course of occurrence. Thus, their presence at the spot at the relevant time is not open to any serious doubt. It is true that they were closely related to the deceased but then there was no background of enmity between the parties. The trial Court and the High Court were in the circumstances justified in founding the conviction of the petitioners on their testimony.

2. Learned counsel for the petitioners contended that the investigating officer had changed the place of occurrence and that in fact the occurrence had taken place near their own dera. Even if this assertion is true it will not in this case seriously compromise the creditability of the ocular testimony. There is no evidence that just before the attack upon him the deceased had given any provocation to the petitioners. They have already been given the benefit of the lesser sentence.

Thus, no case for interfering with the judgment of the High Court has been made out. Leave is accordingly refused. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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