Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), Ss. 304-A & 337--Rash and negligent driving--Plea that there was misreading of evidence of solitary witness on whose statement alone conviction could not be based as the same lacked the required quality for the purpose--Even statement of a single witness in such a case, held, may qualitatively be sufficient to arrive at conviction and sentence of accused--Whether statement of witness possessed such quality required appraisement of evidence. (b) Constitution of Pakistan (1973)-----Art. 185(3)--Leave to appeal, grant of--Petitioner seeking appraisement of evidence which had already been done satisfactorily by Courts below--Leave refused. Sardar Muhammad Latif Khan Khosa, Advocate with Iqbal Ahmad Qureshi, Advocate-on-Record for Petitioner. Date of hearing: 19th October, 1980. ORDER SHAFIUR RAHMAN, J.--The petitioner, a convict under sections 304-A and 337, P.P.C. seeks leave to appeal against the judgment of the Lahore High Court, dated 15-6-1980 whereby his revision petition was dismissed in limine. 2. On the 31st October, 1976, at 7-30 p.m. the petitioner was said to be driving Bus No. LRB/7227 belonging to the G.T.S. He hit a cyclist Abdul Majid P.W. who was injured and Muhammad Yusuf sitting on the rear seat of the cycle was thrown and run over by the bus. This accident took place near the petrol-pump in the area of village Thatha Karimdad, District Gujranwala. 3. Three eye-witnesses were produced two of whom were declared hostile and did not support the case of the prosecution. Abdul Majid (P.W. 4), the injured, stated about the rash and negligent driving of the petitioner resulting in the death of his companion Muhammad Yusuf and injuries to him. He made the report at the police station. 4. The petitioner denied the charges levelled against him and stated that he had no knowledge that Muhammad Yusuf had been run over by the bus. He stated that he was involved on mere suspicion which…

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