Case Details

Citation(s)
1976 SLG 224 1976 SLD 224 1976 SCMR 220
Supreme Court of Pakistan
Petition for Special Leave to Appeal No. 370 of 1974, decision dated: 4th December 1974
MUHAMMAD YAQUB ALI AND ABDUL KADIR SHAIKH, JJ
Shaukat Ali, Senior Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate-on-Record for Petitioners. Nemo for the State

MUHAMMAD KHAN AHD another

VS

THE STATE

Law:

Section:

Penal Code (XLV of 1860)­--- ----Ss. 302 & 148/149-Murder case-Two out of three prosecution witnesses found injured and deposing to use of guns by accused petitioners and thereby causing death of two deceased--Occurrence a broad daylight occurrence-No justification appearing for inter­ference with concurrent appraisal of evidence by lower Courts-Leave refused. ORDER ABDUL KADIR SHEIKH, J.-The two petitioners, Muhammad Khan and Khalas Khan, along with five others, Amir Khan. Umar Hayat, Khaliqdad and Ghulam Abbas were tried by the Sessions Judge. Mianwali under sections 148, 302/149 and 307/149, P. P. C. for having caused double murders of Piran Ditta and Sardat Khan, and made murderous assault on P. Ws. Muhammad Hussain, Fazal Hussain and Ghulam Hussain on 11th November 1969, in the afternoon in the area of Chak No. 4/R. H. Village Chadro. District Mianwali. The Sessions Judge acquitted the five co. accused and held the petitioners guilty and sentenced them to death under…
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