Case Details

Citation(s)
1991 SLG 1301 1991 SLD 1301 1991 SCMR 1630
Supreme Court of Pakistan
Criminal Petition No.58/L of 1991, decision dated: 19-03-1991(On appeal from the judgment and order dated 13-2-1991 of the Lahore High Court in Criminal Miscellaneous No.4811/B of 1991)
ABDUL SHAKURUL SALAM AND MUHAMMAD AFZAL LONE, JJ

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NEK MUHAMMAD

THE STATE

Law:

Section:

Criminal Procedure Code (V Al 1898)--S.497---Penal Code (XLV of 1860), S.302---Constitution of Pakistan (1973), Art.185(3)---Bail---Three successive Investigating Officers found the accused innocent---Accused was not .alleged to have caused any injury to deceased--­Liability of the accused was a matter of further enquiry---Bail was granted to accused in circumstances. ORDER ABDUL SHAKURUL SALAM, J.--On 3-51990 at 5-45 a.m. a case under section 302/148/149, P.P.C. was registered at Police Station Renala Khurd, District Okara on the statement of Muhammad Aslam that he was resident of Chak No.18/IL. He and his brother-in-law Muhammad' Arshad were jointly carrying on business of brick-kiln. Similarly, Muhammad Ibrahim resident of Chak No.20/2L, Nek Muhammad (petitioner) and Sher Muhammad residents of Chak No.21/2L, also carried on the same business of brick-kiln. One Nazir Ahmed was working as a labourer in his brick-kiln and former's cousin Muhammad Din was working as a Mistri in the brick-kiln of Nek Muhammad Nazir Ahmed had obtained a sum of Rs.6,000 in advance for work but he would not turn up to work. A day before Eid, Muhammad Arshad (deceased) called Nazir Ahmad and asked him either to return the money or work for the brick­kiln. The latter became insolent. Muhammad Arshad being enranged gave him 2/3 slaps. 4/5 days earlier to the occurrence, one Kali came from the brick-kiln of Ibrahim and Sher Muhammad to their brick-kiln who owed Rs.3,300 to Sher Muhammad and Ibrahim. Therefore, next day, Nek Muhammad, Ibrahim shareholders came to the complainant's brick-kiln and asked Muhammad Arshad to either return their laboureer or the amount. Muhammad Arshad gave Rs.2,000 and promised to pay the balance by the evening. Thereupon Nek Muhammad and Ibrahim became angry and said they will go away also on receipt of the full amount. On this hot words were exchanged between Muhammad Arshad and Nek Muhammad, Ibrahim. Arshad gave 2/3 slaps ton Ibrahim. They became quiet but while going back said that they would take revenge in few days. On the day of occurrence, it is stated, that the complainant was sleeping in the house of his brother-in-law Muhammad Arshad where his…
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