MUHAMMAD MUMTAZ AHMAD KHAN AND Another vs MUHAMMAD ASHRAF — 1972 SCMR 333

Citation: 1972 SCMR 333

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: MUHAMMAD MUMTAZ AHMAD KHAN AND Another vs MUHAMMAD ASHRAF JUDGMENT

Headnotes

Case cited as 1972 SCMR 333

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan Title:MUHAMMAD MUMTAZ AHMAD KHAN AND Another vs MUHAMMAD ASHRAF JUDGMENT Reported As: 1972 SCMR 333 Result: Leave refused Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from the judgment and order of a Division Bench of the Lahore High Court, setting aside the conviction of the respondent Muhammad Ashraf under section 302 of the Pakistan Penal Code and acquitting him. The case against the said respondent was that on the 9th of November 1965 at about 7-45 p.m. He was lying in ambush with his brother Nazir in a sugarcane field in Chak No. 205/R. B., District Lyallpur, and that when the petitioner passed along the track between the fields driving his tractor towards the Chak with Ikhlaq, deceased, and Muhammad Ashraf, a first cousin, Nazir, the brother of the respondent, fired from a gun at the tractor with a view to kill Mumtaz, but the shot hit Ikhlaq, who was sitting on the mudguards, on the buttocks. The deceased fell on the plough attached to the tractor and Mumtaz drove his tractor at a very fast speed towards his dera where the deceased succumbed to his injuries. The first information report was lodged the same -night at about 9-30 p.m. By Mumtaz (P. W. 13) at bridge Zakbirawala where the Sub-Inspector of Police was found to be present on patrol duty. It was registered at the police station at about 11 p.m. Mumtaz (P. W. 13) was…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.