MUHAMMAD SADIQ vs THE STATE AND ANOTHER — 1971 PLD 713

Citation: 1971 PLD 713

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-06-22

Parties: MUHAMMAD SADIQ vs THE STATE AND ANOTHER

Headnotes

Case cited as PLD 1971 Supreme Court 713

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Muhammad Yaqub Ali Khan Title: MUHAMMAD SADIQ vs THE STATE AND ANOTHER Case No.: Criminal Appeal No, 35 of 1971 Date of Judgment:1971-06-22 Reported As: PLD 1971 Supreme Court 713 Result: Appeal accepted JUDGMENT JUDGMENT M. R. KHAN, J.--This appeal, by special leave, is directed against the order of a learned Single Judge of the Lahore High Court under section 561-A of the Code of Criminal Procedure staying the pronouncement of the judgment by the Sessions Judge, Rahimyar Khan, in the case of State v. Wasoo and others. The application under section 561-A of the Code was made by Hakim Taj Muhammad (respondent No, 2 herein) who was one of the accused persons in State v. Wasoo and others. The facts leading up to the filing of that application were as follows : One Atta Muhammad lodged First Information Report on the 4th February 1965 under sections 148, 302/307/149 of the Pakistan Penal Code, against 13 persons including Hakim Taj Muhammad for forming an unlawful assembly with deadly weapons in Chak No, 44/P, Tehsil Khanpur and for causing the murder of Sabir Hussain and injuring eight other persons. After completing the investigation, the police challaned 8 out of 13 accused persons. Of these 8 accused persons, 5 were injured by gunshots said to have been fired by Fayyaz of the deceased party in self-defence. The accused who had sustained injuries were Wasoo, Abdur Rashid, Yousuf, Younus and Shafi. The…

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