BASHIRUDDIN HOSSAIN vs The STATE Case No — 1970 SCMR 807

Citation: 1970 SCMR 807

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: BASHIRUDDIN HOSSAIN vs The STATE

Headnotes

Result: N/A Judgment JUDGMENT SAJJAD AHMAD, J.-Petitioner Bashiruddin seeks special leave to appeal against his conviction under section 395, P. For which he has been sentenced to five years' rigorous imprison--ment and a fine of Rs.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Sajjad Ahmad Jan Title: BASHIRUDDIN HOSSAIN vs The STATE Case No.:Criminal Petition for Special Leave to Appeal No. 16 of 1970 Criminal Appeal JUDGMENT Reported As: 1970 SCMR 807 Result: N/A Judgment JUDGMENT SAJJAD AHMAD, J.-Petitioner Bashiruddin seeks special leave to appeal against his conviction under section 395, P. P. C. For which he has been sentenced to five years' rigorous imprison--ment and a fine of Rs. 1,000, or in default further rigorous imprisonment for one year, by the Sessions Judge, Noakhali, which was affirmed by the High Court by dismissing the petitioner's appeal in limine. P. W. Priyanath Das Gupta is the sole eye-witness of this society which was committed in his house on the night following the 19th of June 1968. He was injured by his assailants. He was able to identify the petitioner alone, as he knew him before, and named him promptly to his were, P. W. 3 Sushangini Das Gupta, and a few Muslim neighbours who reached the spot soon after the occurrence, and who corroborated his version. His were did not claim there cognition of the accused and merely stated that she got the names of the dacoits from her husband. The pro-- secution case seems to us to be free from any embellishments or false exaggerations. The learned counsel for the petitioner complained against the summary dismissal of the appeal by the High Court without proper appraisement of evidence. We permitted the learned…

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