SURUJ MIA AND Others vs KALAGAZI — 1970 SCMR 804

Citation: 1970 SCMR 804

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: SURUJ MIA AND Others vs KALAGAZI

Headnotes

Case cited as 1970 SCMR 804

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan Title: SURUJ MIA AND Others vs KALAGAZI Case No.:Criminal Revision No. 343 of 1969 Petition for Special Leave to Appeal No. JUDGMENT Reported As: 1970 SCMR 804 Result: Petition dismissed Judgment JUDGMENT M. R. KHAN, J.-The petitioners were convicted under section 323 of the Pakistan Penal Code and sentenced to pay a fine of Rs. 100 each. The petitioners' appeal against their convic--tion and sentences was dismissed. Their criminal revision was also dismissed by a learned Single Judge of the High Court of East Pakistan. The petitioners now seek special leave to appeal against the High Court's order dismissing the criminal revision. The prosecution case was that while P. W. 2 Abdul Mannan was going to Narsingdi on the morning of the 14th August 1967, for making some purchases, he was surrounded and assaulted by the petitioners with iron rods and lathis. The petitioners admittedly bore grudge and enmity against Abdul Mannan and his uncle P. W. 1 Kala Gazi. The occurrence was witnessed by P. Ws. 1, 3, 4 and 5. Both the Courts of fact believed the evidence of these eye-witnesses and that of the victim himself. The Medical Officer of the Narsingdi Public Dispensary examined P. W. 2 and found two simple injuries on his person caused by blunt weapons. The medical evidence thus corroborated the evidence of the eye-witnesses. An attempt was made to belittle the doctor's evidence, but the Courts…

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