Law: Criminal Procedure Code (V of 1898)

Section: 439

(a) Criminal Procedure Code (V of 1898) S. 439-Revision (criminal)-Incident fully established by eyewitnesses and it being a mid-day occurrence no room left to doubt identity of accused-Nothing to point out either misreading of evidence or non-consideration of evidence which might have resulted in miscarriage of justice-Unanimous findings of Courts below on basis of appraisal of evidence on record, held, not subject to interference in exercise of revisional jurisdiction of High Court- Conviction and sentence maintained, in circumstances.-[Evidence---Revision (criminal). (b) Criminal trial Sentence, reduction of--Accused already suffered some portion of their sentence apart from suffering strains and agony of trial for considerable time-Sentence reduced to that already undergone by accused.-[Sentence]. Date of hearing : 9th March, 1981.                                                                                                                                         JUDGMENT The petitioners were convicted on 14th September 1974 under sec tion 325/34, P. P. C. by the learned Magistrate, Jhang and sentenced to undergo R. I. for 1 years each in addition to fine of Rs. 200 each in default of payment of fine to suffer R. I. for one month each. They challenged the order of their conviction and sentence by means of appeal and the same was dismissed on 2nd June 1976 by the learned Additional Sessions Judge, Jhang. 2. This petition is directed against the aforementioned order. The allegations against the petitioners were that they on 2nd May 1973, at about midnight in the area of village Hassan, Police Station Massan, they having armed themselves with dangs launched attack on Sultan, P. W. 3 and gave 7 injuries to him out of which injures 6 and 4 were declared grievous. The occurrence was witnessed by Varyam, Humayun, Muhammad Bakhsh…