Case Details

Citation(s)
1971 SLG 155 1971 SLD 155 1971 SCMR 23
Supreme Court of Pakistan
Petition for Special Leave to Appeal No. t;-D of 1970, decision dated: 30th May 1970
HAMOODUR RAHMAN, C.J. AND SALAHUDDIN AHMAD, J

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SHAHADAT HOSSAIN CHOWDHURY AND ANOTHERÂ ers

VS

THE STATE--Respondent

Law:

Section:

(a) Evidence-Question of belief or disbelief of a witness-No function of the Supreme Court. (b) Criminal Procedure Code (V of 1898), S. 439(1)-Sentence, enhancement of-Accused charged for having caused injuries to victim by gunshots-Enhancement of sentence of one year under S. 326 and six months under S. 324 to 2 years and 11 years respectively, held, not only not illegal but lenient too-Petition for Special Leave to Appeal dismissed. Md. Nurul Haq, Advocate-on-Record for Petitioners. Nemo for the State. Date of hearing : 30th May 1970. JUDGMENT HAMOODUR RAHMAN, C. J.-The two petitioners in this case were tried along with 13 others on charges under sections 147, 148 arid 326, P. P. C. They were all convicted under section 147 and all, except these two petitioners, were sentenced to three months' rigorous imprisonment each. No separate sentences were imposed on these two petitioners for their convictions under section 147. The petitioner, Shahadat Hossain, was further convicted under section 326 and sentenced to rigorous imprisonment for one year as also a fine of Rs. 300, in default further rigorous imprison­ment for another three months. The petitioner, Rustam Molla, was further convicted under section 324 and sentenced to rigorous imprisonment for six months. These convictions and sentences were upheld, on appeal, by the learned Sessions Judge of Faridpur and they moved the High Court in revision. The High Court admitted the revision for regular hearing and also issued a suo motu rule for enhancement of the sentences of these two petitioners. The convictions under section 147, P. P. C., were set aside by the High Court, but the convictions of the petitioners under sections 326 and 324, P. P. C., were maintained and their sentences were enhanced to two years and li years respectively. They now seek special leave to appeal, and it is contended on their behalf that their convictions have been wrongly maintained. According to the learned counsel appearing in support of the petition the Courts below had not considered the defence evidence adduced in the case nor given due weight to the evidence given by the prosecution witnesses which went in favour of the…
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