| Citation(s) |
|---|
| 1994 SLG 657 1994 SLD 657 1994 SCMR 699 |
Supreme Court of Pakistan
Criminal Petition No. 404-L of 1993, decision dated: 24-11-1993
SHAFIUR RAHMAN AND SALEEM AKHTAR, JJ
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Criminal Petition No. 404-L of 1993, decision dated: 24-11-1993
SHAFIUR RAHMAN AND SALEEM AKHTAR, JJ
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QADU and 3 others
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)--S.497---Penal Code (XLV of 1860), S.302/34---Constitution of Pakistan (1973), Art. 185(3)---Bail---Accused had been implicated for committing murder of the deceased and also chopping off his nose and the injuries attributed to them were supported by medical report---Reasonable grounds prima facie existed to connect the accused with the alleged crime---Bail was rightly refused by the High Court. ORDER SALEEM AKHTAR, J.---The petitioners seek leave to appeal against the order passed by the learned Judge in Chambers whereby the bail granted by the learned Additional Sessions Judge was cancelled. 2. The prosecution case briefly is that about three months back from the date of incident, Qadu petitioner No. 1 suspected illicit relations between his wife Mst. Tajal with Mir Haji, the father of the complainant. On 18-1-1993 in the morning Mir Haji, Maula Bakhsh, Din Muhammad and Allah Bakhsh, after prayers went to mosque, namely, Rehmdil Wali. Mir Haji went ahead four urination and while after easing himself was coming towards the mosque Qadu armed with hatchet, Ghazi armed with knife, Muhammad son of Qadu armed with Soti, Shanu armed with .12 bore gun and Khamisa armed with Soti came there and raised Lalkara that as Haji Mir had illicit relations with Mst. Tajal, he should not be spared Muhammad attacked with Sod on the head of Haji Mir Khamisa attacked with Soti injuring him at his back. Khamisa again attacked Haji Mir while Muhammad inflicted blows with Soti on the right side of the back. Haji Mir fell down when Qadu caught hold of the head of Haji Mir and Ghazi cut the tip of the nose with knife. The complainant and others raised Lalkara upon which the petitioners ran towards their house. The complainant party reached the house of Qadu where Mst. Tajal was present. The petitioners caught hold of Mst. Tajal and Qadu gave a hatchet blow on her head. She fell down. Haji…
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