MUHAMMAD AYUB vs MUHAMMAD YUSUF AND 5 Other — 1971 SCMR 785

Citation: 1971 SCMR 785

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-11-23

Parties: MUHAMMAD AYUB vs MUHAMMAD YUSUF AND 5 Other

Headnotes

Case cited as 1971 SCMR 785

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: MUHAMMAD AYUB vs MUHAMMAD YUSUF AND 5 Other Case No.:Criminal Appeal No. 367 of 1967 Petition for Special Leave to Appeal No. 181 of 1970 Date of Judgment:1971-11-23 Reported As: 1971 SCMR 785 Result: Petition dismissed Judgment ORDER MUHAMMAD YAQUB ALI, J----Respondents 1 to 5 were charged under sections 148, 302/149 and 307/149, P. P. C. On more than one count for committing the offences of rioting, murderous assault on four of the prosecution witnesses and killing Zubair and Yunus, the two deceased persons in the case. The trial Judge convicted only Chiragh Din and Makhan, respondents, under section 304, P. P. C. For exceeding their right of private defence and acquitted them all of the charges under sections 302 and 307 read with section 149, P. P. C. The State appealed against the acquittal of the respondents in the High Court- Makhan and Chiragh too filed an appeal against their convictions and sentences under section 304, P. P. C. A Division Bench upheld the verdict of the trial Judge that the accused person had acted in exercise of private defence and set aside the conviction of the two convicts in the view that the injuries found on their person, in law, gave them the right to kill assailants. Muhammad Ayub one of the injured P. Ws., seeks leave to appeal against the acquittal of the respondents. In pressing the petition Mr. Manzur Qadir tried to make…

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