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1990 P Cr. L J 1446

MUHAMMAD RAMZAN alias TARIQ MAHMOOD and 3 others vs THE STATE and

Citation1990 P Cr. L J 1446
CourtLahore High Court
Judge(s)Muhammad Rafique Tarar
ResultOrder accordingly

' This revision petition is directed against order dated 22-4-1989 and 24-4-1989 of the Additional Sessions Judge-II, Okara. Learned counsel stated that the petitioners feel aggrieved only by the order dated 22-4-1989 whereby a question put to Saleh Muhammad S.H.O. (P.W.-11) for proving police statements of prosecution witnesses was disallowed. It is submitted that the question was disallowed without any basis whatsoever and the order is likely to prejudice the case of the petitioners.

2. Learned State counsel submits that there is no justification for recalling the witness.

3. I have considered the submissions made at the Bar in the light of the facts available on the record. In reply to the first question put in cross-examination Saleh Muhammad S.H.O. Stated:- "I correctly recorded the statements of five P.W.s."

' A note immediately following this statement is as under: "At this stage, the learned counsel wants to put same question in a different manner which is merely a repetition of earlier question. He is disallowed to repeat the same question."

' In his affidavit, the learned counsel who cross-examined the witness has stated that the question put by him was whether Exhs.D.A., D.B. And D.C. Were in his hand and were recorded without any addition or omission on his part. In the order dated 24-4-1989, the Additional Sessions Judge has observed: "Perusal of the statement of P.W.11 shows that these documents were never put to the witness... .... ".

' The trial judge has not stated which he had disallowed on the ground that it was the 'same question in a different manner'. There was no occasion for putting the same question in a different manner when the witness had already admitted that he correctly recorded the statements of live P.Ws. I see no reason to disbelieve the statement of the learned counsel regarding the question which was disallowed. In the circumstances, the order disallowing the question is set aside and the learned Additional Sessions Judge is directed to recall Saleh Muhammad S.H.O. C (P.W.11) to enable the petitioners to get the copies of the statements proved through him.

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