| Citation(s) |
|---|
| 1976 SLG 995 1976 SLD 995 1976 PCRLJ 1358 |
Sindh High Court
Criminal Revision Application No. 164 of 1974, 30th April, 1976
MUSHTAK ALI KAZI, J
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Criminal Revision Application No. 164 of 1974, 30th April, 1976
MUSHTAK ALI KAZI, J
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Sultan
VS
Seth Abdur Rehman And Anothers
Law:
Section:
Keywords: Petition, Discharge, Order, Proceedings, High Court, Prosecution, Cause Of Action, Procedure, Certificate, Trial Court, Petitioner Result: Petition dismissed JUDGMENT This revision application has been filed against the order of discharge passed by the XVIII A. C. M., Karachi in a case for offence under section 324/31, P. P. C. The revision against the said order of discharge having been dismissed by the IIIrd Additional Sessions Judge, Karachi. 2. The facts in brief are that on 1C-4-60 the present applicant Sultan a Chowkidar of one Abdul Kadir Chhottani went on the roof of the bungalow to take some clothes that had been left there for drying. The servant of the adjoining bungalow is said to have quarrelled with Sultan and at the instigation of the owner of that bungalow respondent Abdur Rehman, his servant Mohammad is said to have beaten Sultan and stabbed him with a knife causing simple injury on the shoulder. Mohammad absconded during the proceedings. His employer Seth Abdur Rehman was discharged by the trial Court on the ground that there was solitary word of Sultan against him supported only by another witness Azizullah who was also working in the bungalow of Chhottani and was not an independent witness. Apparently Sultan and his witness being both servants of Chhotani were dis believed because Chhotani was supposed to be having a grudge against respondent Seth Abdur Rehman. Seth Abdur Rehman is said to have pur chased that bungalow adjoining the bungalow of Chhottani about a month prior to this incident against the swishes of Chhottani who wanted to have the bungalow for himself. This discharge was maintained by the Additional Sessions Judge before whom the revision application was preferred against the discharge order. The learned Additional Sessions Judge was also of the same view that only one witness was examined by the prosecution besides complainant sultan and he was not independent witness. Even the medical officer has not…
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