1970 PLP 804 (SCMR)
SURUJ MIA AND OTHERS-Petitioners Versus KALAGAZI-Respondent
| Citation | 1970 PLP 804 (SCMR) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | SURUJ MIA AND OTHERS-Petitioners Versus KALAGAZI-Respondent |
Q1: What are the key laws and sections cited in 1970 PLP 804 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1970 PLP 804 (SCMR)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1970 PLP 804 (SCMR) (SURUJ MIA AND OTHERS-Petitioners Versus KALAGAZI-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Nemo for Respondent.
- Date of hearing : 15th June 1970.
- M. A. Khaled, Advocate‑on‑Record for Petition.
Headnotes / Summary
(On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 2nd June 1969, in Criminal Revision No. 343 of 1969). Constitution of Pakistan (1962), Art. 58(3)-Evidence of prosecution eye-witnesses and of victim himself believed by both Courts of fact-Medical evidence corroborating evidence of eye witnesses and believed by Courts below as independent-Leave to Appeal refused-Penal Code (XLV of 1860), S.
323. M. A. Khaled, Advocate-on-Record for Petition.
Judgment & Decree
M. R. KHAN, J.‑The petitioners were convicted under section 323 of the Pakistan Penal Code and sentenced to pay a fine of Rs. 100 each. The petitioners' appeal against their convic tion and sentences was dismissed. Their criminal revision was also dismissed by a learned Single Judge of the High Court of East Pakistan. The petitioners now seek special leave to appeal against the High Court's order dismissing the criminal revision. The prosecution case was that while P. W. 2 Abdul Mannan was going to Narsingdi on the morning of the 14th August 1967, for making some purchases, he was surrounded and assaulted by the petitioners with iron rods and lathis. The petitioners admittedly bore grudge and enmity against Abdul Mannan and his uncle P. W. 1 Kala Gazi. The occurrence was witnessed by P. Ws. 1, 3, 4 and
5. Both the Courts of fact believed the evidence of these eye‑witnesses and that of the victim himself. The Medical Officer of the Narsingdi Public Dispensary examined P. W. 2 and found two simple injuries on his person caused by blunt weapons. The medical evidence thus corroborated the evidence of the eye‑witnesses. An attempt was made to belittle the doctor's evidence, but the Courts accepted his evidence as he was an independent witness. The petition has no merits and is, accordingly, dismissed. Petition dismissed.