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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: SARDAR KHAN VS Respondent: KHURSHID AHMAD And Another
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, S. A. Nusrat Title: SARDAR KHAN vs KHURSHID AHMAD And Another Case No.:Criminal Petition for Special Leave to Appeal No. 348 of 1985 Criminal
Revision No. 114 of 1972 Date of Judgment:1985-11-16 Reported As: 1986 SCMR 1093 Result: Leave granted Judgment ORDER S.A. NUSRAT, J.--The petitioner was tried of an offence of murder of one, Ghulam Qadir, on 6-1-1971 allegedly over a dispute of land situated near the house. He was tried under section 302 of the Pakistan Penal Code for intentionally causing the death of Ghulam Qadir but was acquitted of the charge by the learned Sessions Judge, Sialkot, on 21-9-1971. The learned Sessions Judge, on the appreciation of evidence, came to hold that he had some lurking doubts regarding the implication of the petitioner in the crime and, therefore, the latter was entitled to benefit of doubt. On a private revision filed by the complainant Khurshid Ahmad, the learned Judge in the High Court set aside the order of the trial Court and retrial of the case was ordered. The revision which was filed in 1972 was decided as per impugned judgment on 16-6-1985, that is, after the lapse of a period of about 14 years. It was contended by the learned counsel for the petitioner that the retrial of the case was not warranted 'in the facts and circumstances of the case and that too after such an inordinate delay. In our opinion, reappraisal of evidence seems to be necessary in this case. We would, therefore, grant leave. Further proceedings in the case shall remain stayed until the decision of the appeal.
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revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.