Law: Penal Code (XLV of 1860)

Section: 439, 302, 307

  Penal Code (XLV of 1860)  S. 439-Revision - Magistrate discharging accused finding prosecution evidence radically departing from story initially narrated in F. I. R. and introducing new one after foundation for entire case laid down-State not challenging discharge order-Order passed by Magistrate maintained-Penal Code (XLV of 1860), Ss. 302 & 307. Qadar Bakhsh and 3 others v. State P L D 1971 S C 694 and Ram chandra Babaji Gore v. Emperor 59 Bom. 125 ref. Dates of hearing : 8th, 11th and 12th March 1974.                                                                                                                                 JUDGEMENT This revision petition directed against the order of Ch. Muhammad Shaft, Sessions Judge. Sahiwal, dated 30th of June 1973, by which he upheld the order dated 7th of November 1970, passed by Mr. Muhammad Aslant Virk, Magistrate Section 30, Sahiwal, ordering the discharge of Bakhtiar and Akbar respondents in case in which they were charged for commission of offences under sections 302 and 307, P. P. C. 2. The two respondents along with their co-accused, Shah Muhammad, faced an inquiry for the murder of four persons, namely, Rehmat Ali, Muhammad Sharif, Nur Jamal and Mst. Mehar Nishan, as also for making a murderous assault on Mst. Nur Jahan and Jalal Din P. Ws. 3. There was election rivalry between Bakhtiar respondent on the one hand and Rehmat Ali deceased on the other as both of them intended to contest the election which was scheduled to be held in 1969. A Tehsilar came to verify the list of voters at Chak Sandhe Khan and there was an argument between the parties. Some votes registered at the instance of Bakhtiar respondent were got cancelled by Rehmat Ali deceased. This created heat and there was an altercation and exchange of abuse between the parties. It is alleged that Bakhtiar and Akbar…