Law:

Section:

(a) Penal Code (XLV of 1860)--Ss. 302 & 324---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to accused as well as to the complainant in both the cases for reappraisal of entire evidence for safe administration of criminal justice. (b) Penal Code (XLV of 1860)--- ----Ss. 302 & 324---Criminal Procedure Code (V of 1898), S. 410---Appeal to High Court, disposal of---Mode---Whole original case stands reopened at the appellate stage for its hearing and decision in accordance with law---Such like appeals cannot be decided summarily without analytically discussing the evidence on record. (c) Penal Code (XLV of 1860)--- ----Ss. 302 & 324---Criminal Procedure Code (V of 1898), S. 367---Constitution of Pakistan (1973), Art. 185---Appeals not decided by High Court in accordance with the mandatory provisions of S.367, Cr.P.C.---Effect---Impugned of High Court did not contain evaluation of evidence and discussion and also did not assign reasons for arriving at the conclusion as required under C 367 Cr.P.C.---Case was remanded to High Court in circumstances for fresh hearing of both the appeals and fresh strictly according to law. Sardar Muhammad Ishaq Khan, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record for Appellants (in Criminal Appeal No. 207 of 1995). Dr. Khalid Ranjha, Advocate-General for the State (in Criminal Appeal No. 207 of 1995). Ch. Mehdi Khan Mehtab, Advocate-on-Record (absent) for Appellant (in Criminal Appeal No. 208 of 1995). Date of hearing: 4th February, 1997. JUDGMENT RAJA AFRASIAB KHAN, J.---On 11-6-1990 at 7-00 p.m. a case under section 302/307/148/149, P.P.C., was registered on the statement of Muhammad Razzaq against Sahib Khan, Saif Ali, Mansib Ali, Sher Ali, Ghulam Ali, Muhammad Ashraf, Sarsa Khan, Lal Khan, Muhammad Khan and Hakim Khan with Police Station Katha Saghral, District Khushab for the murder of Imdad Hussain and Abid Hussain and also for causing injuries to Muhammad Shafi and Ghulam Hussain P.Ws. The motive was that on the last election of the Union Council, Bidhrar, the complainant Muhammad Razzaq and his companions had abducted Sher Ali accused in order to incapacitate him to…

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