The STATE vs MUHAMMAD SHAFI Etc.S — 1972 PCRLJ 235

Citation: 1972 PCRLJ 235

Court: Lahore High Court

Year: 1970

Decision Date: 1970-07-03

Parties: The STATE vs MUHAMMAD SHAFI Etc.S

Headnotes

Case cited as 1972 PCRLJ 235

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Zullah Title: The STATE vs MUHAMMAD SHAFI Etc.S Case No.: Criminal Miscellaneous No. 5164 of 1967 Date of Judgment:1970-07-03 Reported As: 1972 P Cr. L J 235 Result: Reference dismissed JUDGMENT JUDGMENT The learned Additional Sessions Judge, MuzafFargarh. has made this reference with the recommendation that the commit ment order dated 5th January 1967 passed against the three respondents in a murder case be set aside and fresh enquiry be ordered besides taking such action against the committing Magist rate as may be considered advisable. 2. The facts as noted in the order of reference are that after the commitment the trial started on 9th August 1967. During the examination of first four formal witnesses it transpired that certain documents like identification proceedings and supple mentary challan were not on the file. The gun which was alleged to have been used in the commission of the crime and was said to have been recovered at the instance of one of the accused persons was also not forthcoming. The Moharrir of Police Malkhana expressed his inability to find any clue of the gun in his record and asked for time. Ultimately the learned Judge was informed that the gun in question was erroneously entered as property in case F. I. R. No. 1 9*f 1965 whereas the present case bore F. I. R. No. 19 of 1964 and coincidentally both the cases related to the same Police Station and were under the same offences of the Pakistan…

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