ISHFAQ AHMAD vs NAZAR HUSSAIN AND 4 Other — 1971 SCMR 733

Citation: 1971 SCMR 733

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: ISHFAQ AHMAD vs NAZAR HUSSAIN AND 4 Other

Headnotes

Case cited as 1971 SCMR 733

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan, Sajjad Ahmad Jan Title: ISHFAQ AHMAD vs NAZAR HUSSAIN AND 4 Other Case No.:Criminal Petition for Special Leave to Appeal No.97 of 1971 Criminal Appeal JUDGMENT Reported As: 1971 SCMR 733 Result: Petition dismissed Judgment JUDGMENT SAJJAD AHMAD, J.-The 4 respondents were charged under section 302/307/34, P. P. C. For causing the death of one, Muhammad Nawaz, and making a murderous assault on Mst. Fatima and her infant daughter, Mst. Mariam. They were acquitted by the learned Sessions Judge, Jhelum. The State filed an appeal against their acquittal in the High Court, which has been dismissed in limine. This petition for special leave to appeal against the acquittal of the respondents has been brought by Ishfaq Ahmad, a son of deceased Muhammad Nawaz. According to the prosecution case, Mst. Bano, mother of the respondents,. Muhammad Hussain and Riaz Hussain, eloped with Muhammad Banaras, a son of Muhammad Nawaz, deceased. Thereafter, she filed a suit for dissolution of marriage, which was fixed for hearing for the 10th of May 1969, on which date the present occurrence took place. It was alleged that Ishfaq Ahmad, petitioner, along with his father, Muhammad Nawaz, deceased and his sister, Mst. Fatima, were going to village Murid for purchasing cloth. At sun-rise time, when they reached near bridge Soaj, all the respondents, of whom Nazar Hussain was armed with a spear and the rest with…

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