1987 PLP 1936 (MLD)

Ss.435 & 439--Revision against order passed by Sessions Judge in revision before him--No illegality, irregularity or any error apparent on record--Revision dismissed being without merit. Captain Ch.Habibullah for Appellant. S.D.Qureshi for the State. Date of hearing: 8th August, 1987. This criminal revision is directed against the judgment delivered by the learned Sessions Judge, Gujrat, dated 30-7-1973, in Criminal Revision No.66/71, whereby order of the learned Assistant Commissioner, Kharian dated 30-8-1971, in discharging the respondents in exercise of powers a/s 253 Cr.P.C. was maintained.

2. Briefly stated the facts are that a case was registered vide FIR No.239 dated 26-11-1968, under section 420/162 PPC at Police Station Lala Musa, District Gujrat, at the instance of the petitioner against the respondents alleging that Muhammad Aslam son of the petitioner was convicted and sentenced to death which was confirmed and upheld in appeal, whereupon respondents extended hope to the petitioner that the then Governor of West Pakistan belonged to Shia sect and that they are in a position to exert some influence and have the mercy petition accepted by him; pursuance to which petitioner paid to them a sum of Rs.7,000 and, consequent upon rejection of the mercy petition by the Governor; the respondents further extended the hope that it would be accepted by the President but eventually the same did not work out, and the petitioner demanded refund of the amount. It was alleged that out of the above-mentioned sum, respondents returned Rs.4,000 whereas the balance of Rs.3,000 was stated to have been consumed in the process. The petitioner then moved an application to the then Governor which resulted in the registration of the above case.

3. I have examined the record of the case with the assistance of the learned counsel representing the State; wherefrom it transpires that the prosecution shad cited 10 witnesses, but only 7 appeared, whereas the remaining 3, desite of the process having been issued did not turn up and the case was concluded. There are material contradictions and discrepancies as to the fundamental question of payment of the alleged amount, in the testiriony of Haji -Nizam Din PW1, Muhammad Din PW 6, Abdul Aziz PW 2, Qadar Dad PW 4 and A Rehmat Ullah P.W.5. No illegality or irregularity or any error patent on the record has been found in the impugned orders. This criminal revision has no merit and the same is accordingly dismissed. K.B.A./M-334/L Petition dismissed.