MUHAMMAD ALI vs THE STATE AND Other — 1970 SCMR 189

Citation: 1970 SCMR 189

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-01-30

Parties: MUHAMMAD ALI vs THE STATE AND Other

Headnotes

Case cited as 1970 SCMR 189

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: MUHAMMAD ALI vs THE STATE AND Other Case No.:Criminal Revision No. 735 of 1969 Petition for Special Leave to Appeal No. 307 of 1969 Date of Judgment:1970-01-30 Reported As: 1970 SCMR 189 Result: Leave Refused Judgment ORDER MUHAMMAD YAQUB ALI, J.-Four persons, namely, Ismail, Muhammad Ali, Mohammad Hussain and Nawab were put up for trial in the Court of Additional Sessions Judge, Sheikhupura, under sections 542, 302 and 307, P. P.-C., read with section 34, P. P. C. Part of the evidence was recorded by Mr. Amir Akbar Khan, Additional Sessions Judge, Sheikhupura, and rest by his successor Mr. Ahsanul Haq Sethi. As a result of the trial Ismail and Mohammad Hussain were convicted and sentenced to death while Nawab and Mohammad Ali, respondents, were acquitted. On appeal by the condemned-prisoners and reference under sec--tion 372, Cr. P. C., a Division Bench of the High Court set aside their convictions on the finding that the trial was bad in law as evidence was partly recorded by one Additional Sessions Judge and partly by his successor. Consequent upon it the case was remanded to the Additional Sessions Judge, Sheikhupura, for retrial. During the fresh trial Qazi Muhammad Dastgir, Additional Sessions Judge, deleted the names of Nawab and Mohammad Ali from the list of accused persons, in view of their earlier acquittal. The petitioner felt aggrieved thereby and filed a revision…

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