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1987 SCMR 1549

BOSTAN KHAN vs SULTAN KHAN And Other

Petitioner: BOSTAN KHAN VS Respondent: SULTAN KHAN And Other

Court: Supreme Court of Pakistan Decision Date: 1987-06-07

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain, Saad Saood Jan Title: BOSTAN KHAN vs SULTAN KHAN And Other Case No.:Criminal Petition for Special Leave to Appeal No. 626 of 1980 Criminal

Appeal No. 639 of 1977 Date of Judgment:1987-06-07 Reported As: 1987 SCMR 1549 Result: Petition dismissed Judgment ORDER ASLAM RIAZ HUSSAIN, J.--Bostan Khan complainant-petitioner seeks leave to appeal against the judgment of the Lahore High, Court dated 16-11-1980, dismissing his revision petition against the acquittal of the three respondents. 2. We have gone through the impugned judgment and heard the learned counsel for the petitioner at considerable length. The main contention raised by him is that the learned Courts below had not given due weight to the statement of Sher Muhammad, Head Constable (P.W.12) who has reached the spot after about 20/25 minutes and had seen Bostan Khan (P.W.9) present at the spot, who was "keeping the head of the deceased in his lap". He, therefore, contended that despite the fact that there was long-standing enmity and blood feud between the parties, their testimony, specially that of Bostan Khan. (P.W.9), should have been believed in spite of the fact that there was no independent evidence to corroborate their statements. 3. Having carefully considered the testimony of Sher Muhammad, Head Constable (P.W.12) and Bostan Khan (PW.9), we are not persuaded to agree with this submission and respectfully concur with the conclusion arrived at by the High Court. We do not, therefore, consider it a fit case for grant of leave which is consequently refused.

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