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Petitioner: ATTA HUSSAIN and others VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Dr. Javed Iqbal Title: ATTA HUSSAIN and others vs THE STATE Case No.: Criminal Petition No, 124 of 1988 Date of Judgment:1989-09-25 Reported As: 1990 SCMR 281 Result: Leave granted
JUDGMENT
JUDGMENT ' GHULAM MUJADDID, J.--Atta Hussain and Fida Hussain real brothers and Manzoor Bakhsh son of Elahi Bakhsh seek leave to appeal against the judgment of the Lahore High Court dated 23-2-1989 whereby their appeal against their conviction was dismissed. ' Learned counsel appearing in support of this petition submitted that he does not want appraisal of evidence but there is an error patent in the judgment of the High Court which has resulted in miscarriage of justice. ' It is submitted that according to the post-mortem report the deceased had one incised wound 3" X 1/2" X bone deep on left side of the head but the High Court observed, ". As regards the sentence we find scope for its modification because according to the prosecution Atta Hussain and Hazoor Bakhsh had both given Kassi injuries on the head of the deceased resulting in his death but in the post-mortem examination report only one incised wound was found on the head of the deceased which was dangerous in nature." Learned counsel submitted that it is not a minor contradiction but it falsifies the entire prosecution case with the result the petitioners were entitled to its benefit in the form of acquittal, which the High Court denied without any legal justification. ' The contention is not devoid of force. The matter needs examination. We accordingly grant leave to appeal.