ABDUL LATIF vs The STATE — 1972 PCRLJ 1095

Citation: 1972 PCRLJ 1095

Court: Lahore High Court

Year: 1971

Decision Date: 1971-12-31

Parties: ABDUL LATIF vs The STATE

Headnotes

Case cited as 1972 PCRLJ 1095

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Munir Farooqi Title: ABDUL LATIF vs The STATE Case No.:Criminal Revision No. 1133 of 1970 death not held--Prosecution failing to JUDGMENT Reported As: 1972 P Cr. L J 1095 Result: Order accordingly Judgment JUDGMENT Abdul Latif petitioner, who was employed as a driver by Burmah Shell on one of their petrol-tankers was convicted under section 304-A of the Pakistan Penal Code and sentenced to rigorous imprisonment for two years with a fine of Rs. 1,000.00 or in default further rigorous imprisonment for six months, on 15th July 1970 by Malik Amir Khan, then Magistrate lst Class, Jhelum. His appeal was dismissed by the learned Sessions Judge, Jhelum with a reduction of one year in the sentence of imprisonment only. He has accordingly approached this Court with a petition under section 439, Cr. P. C. to question the correctness of these orders on the ground of misappreciation of even otherwise insufficient evidence adduced in this case by the prosecution. 2. The prosecution case as unfolded at the trial is that the petitioner while driving his tanker from Rawalpindi side to Jhelum had crushed Ajaib Khan deceased under its front wheel when he was standing towards its left on the kacha portion of the G. T. Road near Domeli bus-stop on the 10th October 1968 and succumbed to the injuries thus suffered by him a few days later in the hospital. 3. These allegations were duly supported at the trial by Abdul Majid (P. W. 1), who had lodged…

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