Law:

Section:

(a) Special leave to appeal to Supreme Court-(Criminal case)-Granted to consider whether evidence of witnesses disbelieved in other cases could be accepted when witnesses were same and gave identical evidence-Constitution. of Pakistan (1956), Art. 160. (b) Evidence Act (1 of 1872), S. 43 read with Ss. 8, 11 & 155---­Judgment in another criminal care-Sought to be produced to show that witnesses and their evidence (both being identical in the two cases) had been declared to have falsely implicated the accused in the earlier case-Judgment, held, not relevant-[Earlier case under S. 4, Pakistan (Control of Entry) Act (LV of 1952); later case under S. 19(f ), Arms Act (XI of 1878)]-[Ram Ranjan Chuckerbutty v. Ram Narain Singh and others L R 22 I A 60 ; Dinomoni Chowdhurani v. Brojo Mohini Chowdhurani 29 I A 24 and Gobinda Narayan Singh and others v. Sham Lal Singh and others 58 I A 125 and Monir's Commentary on the "Evidence Act," 4th Ed.. pp. 333 & 334 ref. ; Gujju Lall v. Fatteh Lal I L R 6 Cal. 171 considered. (c) Supreme Court - (Criminal appeal)-Evidence-Supreme Court will not re-appraise unless lower Courts' view of evidence is unreasonable or opposed to principle or rule governing appreciation­ Not for Supreme Court to say whether a witness should or should not be believed. JUDGEMENT HAMOODUR RAHMAN, J.--This appeal, by special leave, is directed against the judgment and order of a learned Single Judge of the High Court of West Pakistan refusing to interfere in revision with the conviction of the appellant under section 19(f) of the Arms Act, 1878. The appellant was on the 17th of October 1957, along with several other persons, arrested close to the border between Pakistan and India at about 7 a.m. by the patrol party on duty there. They were, according to this party, coming from the Indian side and as they could not produce any valid permit or visa authorising them to enter Pakistan, they were apprehended and taken to the border post Sajanpur where the appellant was found upon search to be carrying a 303 rifle with a bayonet, 50 cartridges, chargers, a bandolier and a Chhura. He was along with his companions accordingly sent up for trial under section…

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