MUHAMMAD SHAFIQ vs MUHAMMAD HANIF AND Another — 1970 SCMR 143

Citation: 1970 SCMR 143

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-10-13

Parties: MUHAMMAD SHAFIQ vs MUHAMMAD HANIF AND Another

Headnotes

Case cited as 1970 SCMR 143

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title: MUHAMMAD SHAFIQ vs MUHAMMAD HANIF AND Another Case No.: Petition for Special Leave to Appeal No. 250 of 1969 Date of Judgment:1969-10-13 Reported As: 1970 SCMR 143 Result: Leave refused JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-With regard to an incident which took place at about 4 p.m. On the 9th January 1969, in the premises of Bakar Mandi, Lahore, resulting in the death of two persons, belonging to the Gujjar Party, two cross-cases were registered. The first case was at the instance of one Nawab Gujjar, within 1/2 hour of the incident, in which Taj Din, Abdul Qayyum Muhammad Ayub Ghori, Khuda Bakhsh, Abdul Aziz and one Muhammad Rafiq were charged with having fired and caused the death of the said two persons. Taj Din filed another information report, in respect of the same incident; according to which it was the complainant in the earlier case and the deceased who had attacked him and his com-- panions with a view to wreak vengeance for the death of a brother of Nawab, who had been killed in an earlier encounter with the local police who were being assisted by Taj Din and his nephew Muhammad Ayub., According to the information lodged by Taj Din he had fired at the appellants with a revolver in the exercise of his right of private defence and his companion Shafique alias Pheeko had picked up the gun of Inayat deceased and started firing. On the basis of this complaint a case under…

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