| Citation(s) |
|---|
| 1988 SLG 210 1988 SLD 210 1988 SCMR 35 |
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No.65 of 1982, decided on 29th July, 1987, Date of hearing: 29th July, 1987. (On appeal from the judgment and order of the Lahore High Court, Bahawalpur Bench, Bahawalpur, dated 17th January, 1982 in Murder Reference
SHAFIUR RAHMAN, JUSTICE, JAVID IQBAL, JUSTICE, SAAD SAOOD, JAN, JUSTICE
Riazuddin Ahmad Khan, Advocate Supreme Court, instructed by Mohammad Aslam Chaudhry, Advocate-on-Record for Petitioner. Nemat Khan, Advocate Supreme Court, instructed by Mr. Ejaz Ahmad Khan, Advocate-on-Record for
Respondent No.6. Nemo for
Respondents N
Criminal Petition for Leave to Appeal No.65 of 1982, decided on 29th July, 1987, Date of hearing: 29th July, 1987. (On appeal from the judgment and order of the Lahore High Court, Bahawalpur Bench, Bahawalpur, dated 17th January, 1982 in Murder Reference
SHAFIUR RAHMAN, JUSTICE, JAVID IQBAL, JUSTICE, SAAD SAOOD, JAN, JUSTICE
Riazuddin Ahmad Khan, Advocate Supreme Court, instructed by Mohammad Aslam Chaudhry, Advocate-on-Record for Petitioner. Nemat Khan, Advocate Supreme Court, instructed by Mr. Ejaz Ahmad Khan, Advocate-on-Record for
Respondent No.6. Nemo for
Respondents N
MUKHTAR AHMAD
VS
AHMAD BAKHSH AND 5 OTHERS
Law: Punjab Service Tribunals Act, (IX of 1974)
Section: 4
Law: Constitution of Pakistan, 1973
Section: 212(3)
Punjab Service Tribunals Act (IX of 1974)-- ---S. 4--Constitution of Pakistan (1973), Art. 212(3)s appeal challenging disallowance of special pay by Finance Department dismissed by Service Tribunal as barred by times contending that though appeal was time-barred it should have been entertained because in identical cases Tribunal had allowed the relief to others and those cases were pending in appeal before Supreme Court--Reason advanced could hardly be called justification for condoning delay when no satisfactory explanation was forthcoming--Similar appeal, however, said to be pending on same subject in Supreme Court, instant petition directed to come up for hearing along with them. ORDER JAVID IQBAL, J.- This petition for leave to appeal has been filed by Mukhtar Ahmad complainant, petitioner against the judgment of a Division Bench of the Lahore High Court, Bahawalpur Bench Bahawalpur, dated 17 January, 1982. Ahmad Bakhsh, Hazoor Bakhsh, Ghulam Rasool, Faqira and Ghulam Yasin respondents were tried for offences under section 302/149/148 PPC and vide judgment dated 30th June 1980 of the trial Court all of them were convicted under section 302/149 PPC. Ahmad Bakhsh respondent was sentenced to death plus fine whereas the other four respondents were sentenced to life imprisonment plus fine each. They were also convicted under section 148 PPC and sentenced to one years RI each. In appeal before the Lahore High Court Bahawalpur Bench, all of them were acquitted. The deceased in the instant case is Haji Habibullah. The occurrence took place at 4 p.m. on 8th January 1979 at the shop of the deceased in the village. The FIR was promptly lodged by Mukhtar Ahmad complainant-petitioner nephew of the deceased at 4-15 p.m. on the same day. After the arrest of the respondents, from Ahmad Bakhsh respondent was recovered human blood-stained hatchet, and also at the time of arrest was got removed from his person human blood-stained shirt. The prosecution version is being supported by Mukhtar Ahmad complainant-petitioner nephew of the deceased and Abdul Ghaffar son-in-law of the deceased. From other respondents no recovery was effected. The motive as set up by the…
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