MUHAMMAD NAWAZ vs ABDUL KHALIQ AND Other — 1971 SCMR 500

Citation: 1971 SCMR 500

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-07-06

Parties: MUHAMMAD NAWAZ vs ABDUL KHALIQ AND Other

Headnotes

Case cited as 1971 SCMR 500

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Mujibur Rahman Khan Title: MUHAMMAD NAWAZ vs ABDUL KHALIQ AND Other Case No.: Criminal Appeal No. 55 of 1969 Criminal Appeal No. 744 of 1964 Date of Judgment:1971-07-06 Reported As: 1971 SCMR 500 Result: Appeal dismissed JUDGMENT JUDGMENT SALAHUDDIN AHMED, J.-The appellant is a complainant, and he has felt aggrieved by an order of the High Court refusing to set aside an order of acquittal in respect of charges under sections 302/109, 148 and 323/149 of the Pakistan Penal Code. The occurrence took place on 18-2-1963 a little before sunset. Mohammad Hanif deceased, Ali P. W. 11, Hayat P. W. 13, Mohammad Nawaz P. W. 14 and Dosa P. W. 15, were sitting at Dera Wahidwala when Abdul Khaliq armed with a ballam, Ghulam Mohammad armed with a kulhari and the rest viz. Karim, Karamallah, Sultan, Chavi, Mahram and Mohammad armed with dangs, came there. Abdul Khaliq raised a lalkara that he had come to avenge because Mohammad Hanif deceased had given evidence against the former. Mohammad Hanif stood up, and Abdul Khaliq gave two blows with the ballam in his belly. Mohammad Hanif fell down and all the accused-- respondents showered blows on him with their respective weapons. In the meantime Munda, P. W.16, Mohammad P. W. 17 and Bashir Ahmad P. W. 18, arrived at the spot and they along with the first named set of P. Ws. Tried in vain to rescue Hanif and in that process P. Ws. Ali, Hayat, Dosa, Munda and…

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