Case Details

Citation(s)
1973 SLG 362 1973 SLD 362 1973 PCRLJ 231
Sindh High Court
Criminal Revision Application No. 40 of 1970
KHUDA BAKHSH MARRI, J

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Syed Wahidul Hasan

VS

Mazhar Ali And 3 Others

Law:

Section:

Keywords: Exception, Examination, Description, Exchange, Petition, Place, Benefit Of Doubt, Procedure, Defence, Cross-Examination, Trial Court, Set Aside, Claims, Magistrate, Prosecution, Evidence, Dispute, Orders, Money, Order, Certificate Result: Application dismissed JUDGMENT This revision application under section 439, Cr. P. C. Is directed against tsar judgment of Additional City Magistrate as well as Section 30-Magistrate court No. 11, Karachi dated 18-7-1969, whereby he acquitted respondents Mazhar Ali, Abdul Ghaffar sad Abdul Razzak, who were charged under section 307/34, P. P. C. On a complaint by applicant Syed Wahidul Hasan as Fell as order of III Additional District Judge, Karachi dated 26-11-1969, whereby the learned Judge dismissed the revision application of the present applicant as infructuous pan the ground that acquittal appeal was to be filed by the State. It may however be observed that the State has not filed any acquitted appeal, 2. Briefly the facts are that complainant/applicant Syed Wahidul Hasan on 18-6-1967 went to Liaquat Chowk, Golimar at 2 p. m. In his car. He was told there that his friend Jamal who has a shop in the Chowk wanted him. The three respondents came there and started abusing him. Respondent Mazhar it is alleged took out a knife and struck him in the back. . Many people collected there but the respondents ran away. The knife it is stated remained struck in the back of the complainant who sat in his car and drove to the Golimar Police Station, where he lodged the report. He was sent to the hospital, the knife was taken out from his back by the doctor and he remained under treatment for more than. 21 days. The respondents denied the allegation against them and stated that they have been falsely implicated on account of enmity with the complainant party. Two defence witnesses Abdul Majeed and Mohammad Abbas however, were examined. 3. The prosecution case rests mainly on the statement of Complainant/applicant and eye-witnesses P. W. 5 Jamal, P. W. 4Wajid. All P. W. 8 Ejaz Ali and P. W. 10 Nazar Muhammad N. 1. P. Malir, the Investigating Officer. In the F. I. R. It was stated by the complainant that on the day of incident:…
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