QADAR BAKHSH AND 3 OTHERS vs THE STATE — 1971 PLD 694

Citation: 1971 PLD 694

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-07-31

Parties: QADAR BAKHSH AND 3 OTHERS vs THE STATE

Headnotes

Case cited as PLD 1971 Supreme Court 694

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: QADAR BAKHSH AND 3 OTHERS vs THE STATE Case No.: Criminal Appeal No, 98 of 1970 Date of Judgment:1971-07-31 Reported As: PLD 1971 Supreme Court 694 Result: Appeal dismissed JUDGMENT JUDGMENT SAJJAD AHMAD, J.--The four appellants, namely, Qadar Bakhsh, Wali Muhammad, Juma and Pindok, have been committed by the District Magistrate, Makran, to stand their trial in the Court of Sessions at Kalat, under sections 302/34 and 307/34, P. P. C. for having in furtherance of their common intention committed the murder of one, Ahmad, and for the attempted murder of his nephew, Din Muhammad. The appellants challenged the committal order before the Sessions Judge, Kalat, by a revision petition, alleging that it was illegal and stood vitiated on the following grounds :- (1)That some of the P. Ws. we're not examined by the committing Court ; (2)That after the framing of the charges, the committing Court did not call upon all the petitioners to give a list of defence witnesses; and (3)That the committing Court did not record the statement of any of the petitioners, as required by section 209, Cr. P. C. The learned Sessions Judge dismissed the petition, and a further revision filed by the appellants in the High Court was also dismissed. On a petition for special leave to appeal to this Court, the very same objections were urged against the committal of the appellants. By order…

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