| Citation(s) |
|---|
| 2002 SLG 673 2002 SLD 673 2002 SCMR 213 |
Supreme Court of Pakistan
Criminal Petition No. 28-Q of 2001, decided on 23rd July, 2001. (On appeal from the judgment dated 15-5-2001 of the Balochistan High Court in Constitutional Petition No. 1048/1999)
SH. RIAZ AHMED, IFTIKHAR MUHAMMAD CHAUDHRY AND, JAVED IQBAL, JJ
Amanullah Kamrani, Advocate Supreme Court and Mrs. Ashraf Abbas, Advocate-on-Record (absent) for Petitioner. Nemo for
Respondents
Criminal Petition No. 28-Q of 2001, decided on 23rd July, 2001. (On appeal from the judgment dated 15-5-2001 of the Balochistan High Court in Constitutional Petition No. 1048/1999)
SH. RIAZ AHMED, IFTIKHAR MUHAMMAD CHAUDHRY AND, JAVED IQBAL, JJ
Amanullah Kamrani, Advocate Supreme Court and Mrs. Ashraf Abbas, Advocate-on-Record (absent) for Petitioner. Nemo for
Respondents
Mst. MEHTAB
VS
KHAIR MUHAMMAD alias BADAL and others
Law: Pakistan Penal Code, 1860
Section: 302,324
Law: Constitution of Pakistan, 1973
Section: 185(3)
Law: Suppression of Terrorist activities (Special Courts) Act, 1975
Section: 5(3),5A(9)
Penal Code (XLV of 1860)--- ----Ss. 302 & 324---Suppression of Terrorist Activities (Special Courts) Act (XV of 1975), Ss.5(3) & 5-A(9)---Constitution of Pakistan (1973), Art. 185(3)---Accused had already suffered ordeal of trial and retrial of the case---Case had been already decided and had attained finality and they could not be retried under the garb of fine technicalities of law---Simultaneous trial of both the cases had not caused any prejudice whatsoever---Special Court had rightly exercised its jurisdiction as conferred upon it under S.5(3) read with S.5-A(9) of the Suppression of Terrorist Activities (Special Courts) Act, 1975---Findings of the two Courts below did not suffer from any legal infirmity or non-consideration of any material piece of evidence and being unexceptionable hardly called for any interference---Petition for leave to appeal was dismissed accordingly. Noor Ellahi v. Ch. Ikramul Haq PLD 1966 SC 708 and Rifat Hayat v. Special Judge 1994 SCMR 2177 ref. ORDER JAVED IQBAL, J.---This petition for leave to appeal is directed against judgment dated 15-5-2001 passed by learned Division Bench of High Court of Balochistan, Quetta, whereby the Constitutional petition preferred on behalf of petitioner has been dismissed and judgment dated 11-10-1999 passed by learned Special Judge (STA) Jaffarabad at Dera Allah Yar has been kept intact. 2. Briefly stated the facts of the case as enumerated in the impugned judgment are to the effect that "the matter relates to an incident of murders of Sanaullah, Mst. Nihalan, Sadam Hussain and Adam Khan and for launching murderous assault on Mst. Mehtab and Umeedan with an unlicensed Kalashnikov, Shot gun and T.T. Pistol. The accused respondents herein alongwith Sachal, Mehrullah, Pirul and Khan Muhammad were_named as accused persons in F.I.R. No. 148 of 1998 registered at Police Station, Dera Allah Yar on 29-6-1998 at 8-05 a.m., wherein it was alleged that one Sachal allegedly made an oral report that last night he alongwith his son Adam Khan, daughter-in-law namely Umeedan, his wife Mehtab and daughter Mst. Nehalan and her son Saddam Hussain aged about 3 years were sleeping on their cots, whereas his…
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