Case Details

Citation(s)
1972 SLG 800 1972 SLD 800 1972 PCRLJ 692
Sindh High Court
Criminal Revision Application No. 56 of 1969, 28th May, 1971
GHULAM RASOOL K. SHAIKH, J

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Habibullah

VS

Seraie Mukhtar Hussain And Anoihfrs

Law:

Section:

Keywords: Evidence, Cogent Reasons, Compensation, Proceedings, Investigation, Place, Examination, Order, Vehicle, Held Responsible, Negligence, Cross-Examination, Delay, Prosecution, Certificate, Defence, Retrial Result: Petition dismissed JUDGMENT This is a revision application against the acquittal of the applicant who was tried by the learned Additional Sessions Judge, Khairpur, for an offence under section 304-A, P. P. C. The incident had taken place on 3-4-66 after sunset while the first report was lodged on 4-4-66 at l2 noon by Habibullah at Kot Diji Police Station, situated at a distance of half a mile from the scene of offence and it was recorded by Mr. Manzoor Ali, A. S. I. P. Habibullah along with his uncle Mohram, his mother Mst. Hidayat Kliatoon, his nephew Juman, his brother-in-law Mohd. Ishaque and his two minor sons were waiting at Kot Diji Bus-Stand to catch a passenger bus for Gambat. They were sitting in the chairs lying in front of the hotel of Rasul Bux. All of a sudden a jeep driven by the appellant came from the opposite direction with a fast speed and ran over Mohd. Ishaque and Ghulam Hussain Tapedar. Some chairs and table were damaged. Several persons assembled there. Mohd. Ishaque was removed from underneath the jeep. The appellant then removed the injured persons in a car which was parked near the hotel to Khairpur Civil Hospital. The complainant and other witnesses followed them in the jeep involved in the accident. The complainant was not satisfied with the speed of the jeep and, therefore, on the way he got down and got a taxi for Khairpur. He reached Khairpur at midnight, others reached at 1 a.m. Mohd. Ishaque was already admitted in' the hospital and his injuries had been dressed. However, at 4 a.m. he died. The complainant, therefore went to Gambat and informed his mother and thereafter went to Kot Diji Police Station and lodged the first report. After usual investigation the appellant was challaned. The complainant had also filed a direct complaint as the police took time to complete the investigation. The appellant proclaimed his innocence. He admitted that the jeep involved in the accident belonged to him but pleaded that it…
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