Law: Frontier Crimes Regulation (III of 1901)

Section: 12

(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, Peshawar dated the 12th August 1965, in Writ Petition No. 344 of 1963).   Frontier Crimes Regulation (III of 1901) , S. 12(3) read with Schedule II and West Pakistan Criminal Law Amendment Act (VII of 1963) S. 3, First Schedule and Penal Code (XLV of 1960) Ss, 34 & 149 Special leave to Appeal granted by Supreme Court to consider effect of not including S. 149, P. p. C in Second Schedule to Frontier Crimes Regulation, 1901. Date of hearing : 19th February 1970. JUDGMENT WAHIDUDDIN AHMAD, J.-This appeal by special leave is directed against the judgment of the High Court of West Pakistan Peshawar Bench, in Writ Petition No. 344 of 1963 which was dismissed along with Writ Petitions Nos. 361 of 1963 and 296 of 1965, by judgment dated the 12th August 1965. Briefly the facts leading to this appeal are that the appellants who are residents of Dera Ismail Khan, were tried under section 302, P. P. C. read with section 11 of F. C. R. and sections 307/149, P. P. C./11, F. C. R. The allegation against them is that on the 20th November 1959, at 1-15 p.m. a fight took place between the appellants and Sona Khan, Muhammad Jatfar sons of Haji Ellahi Bakhsh and their relative Ghulam Mustafa. Sona Khan lodged a report that Khuda Bakhsh appellant was present with a revolver. Rab Nawaz, Muhammad Bakhsh and Ellahi Bakhsh appellants were armed with sticks and hatchets. Shah Nawaz appellants was empty handed. He further alleged that Muhammad Bakhsh and Ellahi Bakhsh appellants had beaten Muhammad Jaffar, who later on died. Rab Nawaz was also charged for beating the deceased Mohammad Jaffar and Ghulam Mustafa. The appellants were arrested. The case was challaned in the ordinary Court but it was withdrawn on the 18th March 1960, by Mr. Fakhruzzaman Khan, Deputy Commissioner, for reference under section 11 of the F. C. R. for trial by a Jirga. On the 11th May 1960, the Jirga submitted an award. The Deputy Commissioner accepted the award and directed that the appellants be sentenced for the murder of Muhammad Jaffar deceased under section 3021149, P. P. C. section 11, F. C. R. to 14…