KHAN MOHAMMAD AND 11 Others vs THE STATE — 1962 PLD 244

Citation: 1962 PLD 244

Court: Lahore High Court

Year: 1970

Decision Date: 1970-12-31

Parties: KHAN MOHAMMAD AND 11 Others vs THE STATE

Headnotes

Case cited as PLD 1962 Lah. 244

Judgment Text

Court Name: Lahore High Court Judge(s): Aslam Riaz Hussain Title: KHAN MOHAMMAD AND 11 Others vs THE STATE Case No.: Criminal Revision and Miscellaneous Nos. 146 and 1131 of 1970 Date of Judgment:- Reported As: 1971 P Cr. L J 762 Result: Petition dismissed JUDGMENT JUDGMENT This is a reference under section 438, Cr. P. C. By Mr. Ihsanul Haq Sethi, Additional Sessions Judge, Gujrat, relating to Sessions Case No. 34 of 1968 (Trial No. 6 of 1969) pending in his Court, for the quashment of the trial proceedings and for a direction to split up the challan in respect of the various charges against the accused, to enable separate trials of the accused with regard to the different offences committed by them. A bail, application (Cr. M. No. 1131/1970) has also been filed by the accused persons. This judgment will dispose of the reference as well as the bail application. 2. The 14 accused persons, namely, Khan Muhammad, Sultan, Mst. Sardaran, Gahra, Mohammad son of Naboo, Mohammad son of Rahman, Ghulam Rasool, Mohammad Ali Karam Ali, Muttali, Yara, Mohammad Inayat, Yara and Manzoor were being tried by the learned Additional Sessions Judge on four different charges under sections 148, 449/149, 302/149 and 307/149, P. P. C. The entire prosecution evidence was recorded. The accused did not wish to lead any evidence in their defence and the case was, therefore fixed for arguments. However on 23-4-1969 the accused made an application for the quashment of the trial proceedings on the…

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