SAID AKBAR AND Another vs THE STATE And 2 Other — 1970 SCMR 606

Citation: 1970 SCMR 606

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-03-28

Parties: SAID AKBAR AND Another vs THE STATE And 2 Other

Headnotes

Case cited as 1970 SCMR 606

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan Title: SAID AKBAR AND Another vs THE STATE And 2 Other Case No.:Civil Petition for Special Leave to Appeal No. 2-P of 1970 Writ Petition No. 243 of 1969 Date of Judgment:1970-03-28 Reported As: 1970 SCMR 606 Result: Leave Refused Judgment ORDER M. R. KHAN, J.-On the 13th January 1966 Fazal Dad lodged an F. I. R. Stating that the present petitioners set fire to chhappar of his brothers, Awal Dad and Hassan Dad at night and that as they came out of the chhappar, the petitioners, who had been armed with guns, fired shots at Awal Dad and Hassan Dad which hit them. The chhappar was destroyed by fire. The petitioners were challaned under sections 307 and 436, P. P. C. The Court of inquiry examined some witnesses including the informant, the injured Awal Dad and Hassan Dad and the medical officer. Before the conclusion of the inquiry, the case was withdrawn at the instance of the prosecution and the Commissioner, Peshawar Division was moved to refer the case to a tribunal constituted under the West Pakistan Criminal Law (Amendment) Act, 1963. The Commissioner, by his order dated 14-3- 1968, referred the case to such tribunal. The petitioners then filed an appeal against the reference made by the Commissioner, but it was dismissed by the Home Secretary to the Government of West Pakistan by his order dated 14-6-1969. Thereafter, the petitioners made a writ petition in the High Court of West…

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