THE STATE vs FATEH KHAN AND 3 OTHSRS — 1973 SCMR 389

Citation: 1973 SCMR 389

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-01-13

Parties: THE STATE vs FATEH KHAN AND 3 OTHSRS

Headnotes

Case cited as 1973 SCMR 389

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Mujibur Rahman Khan, Muhammad Yaqub Ali Khan Title: THE STATE vs FATEH KHAN AND 3 OTHSRS Case No.: Criminal Appeal No. 5 of 1969 Criminal Appeal No. 284 of 1966 Date of Judgment:1970-01-13 Reported As: 1973 SCMR 389 Result: Appeal allowed JUDGMENT JUDGMENT MUHAMMAD YAQUE ALI, J.-On the afternoon of the 9th February 1965, a gruesome murder took place in the verandah of the District Bar Room, Mianwali, in full public view. Within few minutes of the incident the respondents and another were charged for the crime, Out of them Fateh Khan, respondent, had placed the barrel of a shot gun-close to the back of Habib'ullah, deceased, and fired a shot which felled him to the floor instantaneously. Thereafter Muhammad Hayat, Rohtas Khan and Murid Abbas, respondents caused him as many as seven injuries with knives mostly in the region of the chest. The fifth accused Noor Khan, father of Fateh Khan, respondent, then shouted that the mission having been completed the assailants should make good their escape. Thereupon all five of them bolted away from the Court compound. The attack was witnessed by Habibullah, P. W. 9, Saifullah, P. W. 11, Adam Khan, P. W. 12 and Muhammad Nawaz, P. W. 13. Habibullah, P. W. 9, had come to the District Courts to attend to a case in the Court of Mr. Masud Ahmad Ansari, Magistrate, in which his brothers Umer Hayat and Muhammad Nawaz were being tried along with the deceased under sections 13…

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