Law:

Section:

(a) Criminal Procedure Code (V of 1898)---- Ss. 233 & 239-Penal Code (XLV of 1860), S. 302-Murder--Separate trial on private complaint and police challan relating to same murder-Two totally different sets of accused-View taken by Supreme Court in Nur Elahi v. The State P L D 1966 S C 708 not modified by decisions in Zulfiqar Ali Bhutto v. The State P L D 1979 S C S3 and Raja Khushbakhtur Rehman v. The State 1985 S C M R 1314 by Supreme Court. The view taken in case of Nur Elahi has not been modified by decision to Zulfiqar Ali Bhutto v. The State P L D 1979 S C 53 and Raja Khusbakhtur Rehman v The State 1985 S C M R 1314. The principles laid down in Nur Elahi's case would still be applicable if the facts and circumstances of case were not distinguishable on material points. Raja Khushbakhtur Rehman and another v. The State 1985 S C M R 1314 distinguished. Mst. Aziz Begum v. Muhammad Khushdil and another P L D 1981 Kar. 141 ref. (b) Criminal Procedure Code (V of 1898)- -- Ss. 233 & 239-Penal Code (XLV of 1860), S. 302-Murder -Two versions: one in the complaint and the outer in State case being different and sets of accused also not being someone in two cases ­Principle laid down in Nur Ilahi v. The State ff- 1966 S C 708 would be attracted. ORDER MUHAMMAD AFZAL ZULLAH, . J.-Leave to appeal has been sought from judgment dated 19-5-1986 of the Lahore High Court; whereby a learned Single Judge relying on Nur Elahi v. Ch. Ikram-ul-Haq etc. (P L D 1966 S C 708), set aside an order passed by the learned trial Court in a case of murder and directed the trial of the complaint made in the same case first and there­after to start the trial of the challan case if need be as visualised in the case of Nur Elahi. According to the facts given in the petition the case was registered with the police vide FA. R. No. 92 dated 26-6-1984 at the instance of Asghar Ali respondent No. 1 alleging therein that Rashid Ahmad petitioner and his two co-accused Islam Ahmad and Naseer Ahmad variously armed with hatchets and revolver had killed his father Nemat Ali. During the course of investigation however the petitioner and Islam Ahmad were found to be innocent by the police instead…

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