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2007 PCRLJ 1491

MUNAWAR HUSSAIN vs THE STATE and 3 others

Petitioner: MUNAWAR HUSSAIN VS Respondent: THE STATE and 3 others

Court: Lahore High Court Decision Date: 2006-01-20

Full Judgment Text & Judicial Ruling

Court Name: Lahore High Court Judge(s): Mian Muhammad Najum-uz-Zaman Title: MUNAWAR HUSSAIN vs THE STATE and 3 others Case No.: Criminal Miscellaneous No,191-M of 2005 Date of Judgment:2006-01-20 Reported As: 2007 P Cr. L J 1491 Result: Order accordingly

Judgment ORDER ' MIAN MUHAMMAD NAJAM-UZ-ZAMAN, J.--- The petitioner is a complainant of case F.I.R. No,354 of 2002, dated 17-8-2002 registered at Police Station Saddar, Renala Khurd. Secondly, during the trial when the statements of the prosecution witnesses namely Munawar Hussain P.W.1 and Ghulam Muhammad P.W.2 were recorded, the Reader of the trial Court who was recording the evidence had wrongly brought on the record that at the time of occurrence Amjad accused was armed with "Soti" whereas the said witnesses had specifically stated that at the relevant time accused was armed with a "Toki". The objection raised by learned counsel for the petitioner was turned down by the trial Court vide order dated 30-3-2005 and the revision against the said order also met the same fate. Through this petition the legality of the said orders have been challenged. Learned counsel for the petitioner after arguing the case at some length submits that grievance of the petitioner will be redressed if he is allowed to move application before the trial Court for re- examination of both the said witnesses. In the light of statement made by learned counsel for the petitioner this application for re-examination of both the said witnesses is filed before trial Court shall decide the same on merits after hearing both witnesses.

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