| Citation(s) |
|---|
| 1984 SLG 986 1984 SLD 986 1984 SCMR 1482 |
Supreme Court of Pakistan
Criminal Petition No. 52-R of 1983, decision dated: 29-05-1984 (On appeal from the judgment and order dated 17-4-1983 passed by the Lahore High Court, Rawalpindi Bench, Rawalpindi, in Criminal Appeal No. 571 of 1980--M . R . 161 of 1980)
MUHAMMAD HALEEM, C.J., SHAFI UR RAHMAN AND M.S.H. QURAISHI, JJ
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Criminal Petition No. 52-R of 1983, decision dated: 29-05-1984 (On appeal from the judgment and order dated 17-4-1983 passed by the Lahore High Court, Rawalpindi Bench, Rawalpindi, in Criminal Appeal No. 571 of 1980--M . R . 161 of 1980)
MUHAMMAD HALEEM, C.J., SHAFI UR RAHMAN AND M.S.H. QURAISHI, JJ
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MUHAMMAD .RIAZ
VS
. MUHAMMAD AKHTAR and others--Respondents
Law:
Section:
Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S.302--Murder--Acquittal--Nc error found in conclusion reached by High Court for dismissing acquittal appeal of accused-respondents--No legal error in appraisal of evidence pointed out--Leave to appeal against of High Court refused. Sh. Zafar Mahmood, Senior Advocate Supreme Court of Pakistan instructed by Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Karam Elahee Bhatti, Advocate Supreme Court for the State. Nemo for Respondents Nos. 1 to 6. Date of hearing: 29th May, 1984. ORDER MUHAMMAD HALEEM, C.J. -- The petitioner seeks leave to appeal against the acquittal of respondents, who were tried for causing the deaths of Khuda Dad Khan and Rashid Ahmad by means of fire-arms and causing injuries with Lathis to Mst. Bilqis Begum and her husband Subah Sadiq. The incident occurred at 5.30 p.m. on 13-3-1977 while the two deceased, Khuda Dad Khan and Rashid Ahmad, were returning along with Muhammad Riaz, the complainant, Mst. Bilqis and her husband Subah Sadiq, after attending the Khatna ceremony of the son of Mehrban Khan, a brother of the wife of the complainant, in a street in front of the house of Safdar Hussain within the jurisdiction of Police Station Jatli. Muhammad Akhtar, who was said to be nursing a grievance against Khuda Dad Khan for his having insulted and slapped his wife Mst. Zetoon Bibi, fired a revovler shot at Khuda Dad Khan which struck him on his head, and as Rashid Ahmad intervened, he was shot at by Ghulam Ahmad, Ali Asghar and Ghulam Murtaza. The two others namely, Mat. Bilqis Begum and Subah Sadiq were given stick blows by Muhammad Hafeez and Muhammad Younas while hiding themselves in a Khola. Muhammad Riaz seeing all this hid himself behind a wall. Khuda Dad Khan expired at the spot, while deceased Rashid Ahmad was taken in an injured condition to the hospital at 8.25 p.m. by Imdad Hussain and Mian Allah Dad, his father. But earlier to it Muhammad Riaz took Mst. Bilqis Begum and her husband Subah Sadiq to the hospital at 7.20 p.m. for treatment. From the spot at one place six crime-empties were recovered, but none of them matched with the licensed weapon of Muhammad…
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