| Citation(s) |
|---|
| 1975 SLG 3029 = 1975 SLD 3029 = 1975 SCMR 80 |
Supreme Court of Pakistan
Confirmation Case No. 57 of 1958 and Criminal Appeal No. 12 of 1959, decided on 26th February 1959. (On appeal from the judgment and order of the Karachi Bench of the High Court of West Pakistan, dated the 11th November 1958 in Criminal Appeal No. 241 of 1958).
Presented By: M. Shahabuddin, A. R. Cornelius, Amiruddin Ahmed and S. A. Rahman, JJ
M. B. Zaman, Advocate Supreme Court for Appellant. Mazharul Haq, Advocate Supreme Court instructed by M. A. Rahman, Attorney for the State.
Confirmation Case No. 57 of 1958 and Criminal Appeal No. 12 of 1959, decided on 26th February 1959. (On appeal from the judgment and order of the Karachi Bench of the High Court of West Pakistan, dated the 11th November 1958 in Criminal Appeal No. 241 of 1958).
Presented By: M. Shahabuddin, A. R. Cornelius, Amiruddin Ahmed and S. A. Rahman, JJ
M. B. Zaman, Advocate Supreme Court for Appellant. Mazharul Haq, Advocate Supreme Court instructed by M. A. Rahman, Attorney for the State.
MASHAL KHAN-Appellant
VERSUS
THE STATE-Respondent
Law: Penal Code (XLV of 1860)
Section: 302, 304(I), 100
Law: Contempt of Courts Act (XII of 1926)
Section: 2
(a) Penal Code (XLV of 1860) S. 302 read with S. 304(I)-Culpable homicide not amounting to murder-Judgment-Trial Court in earlier part of judgment finding accused's action performed under provocation but eventually describ ing it as "cold-blooded and brutal" so as to be visited with extreme penalty of law-Position, held, clearly inconsistent. Having concluded in the earlier part of his judgment that the action of the accused was performed under provocation, it is clearly inconsistent to describe it eventually as "cold-blooded and brutal" and to visit it with the extreme penalty of law. (b) Contempt of Courts Act (XII of 1926) S. 2-Contempt of Court-Plaintiff on continued highhandedness of police filing civil suits, injunction orders issued to Chief Officer of Municipal Corporation directing him, his employees, and police to refrain from removing plaintiff's cabins but police going to spot and removing two cabins-Cabin holder serving notice of contempt along with true copy of injunction order on police Sub-Inspector, Sub -Inspector's action in thereafter proceeding to spot, asking for copy of injunction order or to accompany him to police station, held, exhibited intention to overawe or influence parties issuing notice of contempt- Matter being already in Court, police officer's conduct, held, might by itself, amount to contempt of Court in certain respects. (c) Penal Code (XLV of 1860) Ss. 302 & 304(I) read with S. 100-Culpable homicide not\amount ing to murder-Private defence, right of-Injunction order having been issued directing not to remove plaintiff's cabins and cabin-holder also having issued notice to Sub-Inspector of Police and attached there with true copy of injunction order subsequent demand of injunction order by police Sub-Inspector and asking accused to accompany him to thana-Action of police, held, against law and one which infuriated accused-Accused on being pressed to accompany police to thana merely showing force by aiming gun at police party and thus keeping them at a distance and thereafter taking to heels-Accused, held, committed no offence in thus running away-Attempt by police to…