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Petitioner: NAZAR HUSSAIN ALIAS NAJJI VS Respondent: STATE
1988 S C M R 119
1988 S C M R 119
Present: Aslam Riaz Hussain and Javid Iqbal, JJ
NAZAR HUSSAIN alias NAJJI--Petitioner
versus
THE STATE--Respondent
Petition for Leave to Appeal No. 102 of 1987, decided on 24th October, 1987.
(On appeal from the judgment and order of the Lahore High Court, Bahawalpur Bench, Bahawalpur, dated 11th March, 1987 in Criminal Appeal No. 50 of 1986/BWP).
Penal Code (XLV of 1860)--
---S. 304-A--Constitution of Pakistan (1973), Art. 185(3)--Reappraisal of evidence-- Petitioner charged with negligent driving, causing fatal accident and disappearing from scene of occurrence--Conviction and sentence under S.304-A, P.P.C. challenged-- Contentions relating to appreciation of evidence having been carefully attended to by Courts below and being not supported by evidence on record, not entertained--Supreme Court declined to reappraise evidence and refused leave to appeal.
Malik Saeed Hassan, Senior Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate-on-Record for the State.
Nemo for Respondent.
Date of hearing: 24th October, 1987.
ORDER
JAVID IQBAL, J.--This is a petition for leave to appeal in which the petitioner has challenged the conviction under section 304-A, PPC and sentence of five years' R.I. plus fine awarded thereunder.
The petitioner was tried on a charge under the aforesaid section by the Judicial Magistrate with powers under. section 30 Cr.P.C. Bahawalnagar who convicted him under the aforesaid section and sentenced him to five years' R.I. plus fine. On appeal the Lahore High Court Bahawalpur Bench Bahawalpur maintained his conviction and sentence.
Briefly the facts are that on the fateful day the petitioner was driving a bus when it struck against a motor-cycle driven by Mohammad Tayyab on which Abdul Hamid was sitting at the back seat. On the collision Abdul Hamid was thrown aside but the bus ran over the motor-cycle and Mohammad Tayyab dragging them upto 40 Karams. Mohammad Tayyab was trampled under the wheels of the bus and he died on the spot whereas Abdul Hamid sustained injuries. The petitioner had run away from the scene of crime after the occurrence and was subsequently arrested.
Learned counsel for the petitioner attempted to argue before us that the accident took place due to contributory negligence on the part of Mohammad Tayyab as the motor-cycle had collided against the middle of the bus from one side It is on the record that there is no dent on the bus and therefore, this contention had been disbelieved' by the trial Court as well as the appellate Court. Then it was stated that the two DWs produced by the petitioner also deposed that there that the two D.Ws. produced by the petitioner also deposed that there was no fault of the petitioner and Mohammad Tayyab deceased had died accidentally. These aspects of the case have already been carefully attended to by the appellate Court. Learned counsel is seeking re-appraisal of the evidence, but after persual of the record we are of the view that it is not a fit case for the grant of leave.
The petition is therefore dismissed.
M.I. /N-34/S Petition dismissed