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2008 SCMR 1074

NAZIR AHMED vs MUHAMMAD ZUBAIR and others

Petitioner: NAZIR AHMED VS Respondent: MUHAMMAD ZUBAIR and others

Court: Supreme Court of Pakistan Decision Date: 2005-06-20

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Falak Sher, Tasaddaq Hussain Jillani, Shakirullah Jan Title: NAZIR AHMED vs MUHAMMAD ZUBAIR and others Case No.: Criminal Petition No,713-L of 2002 Date of Judgment:2005-06-20 Reported As: 2008 SCMR 1074 Result: Leave granted

Judgment ORDER ' Petitioner, complainant of the case registered vide F.I.R. No,144 of 8th July, 1991 under section 302/34, P.P.C. Police Station. Karachi District Gujrat reporting the murder of his son Muhammad Ilyas by Muhammad Zubair subjecting him to hatchet blows having been elapsed around by Muhammad Ali respondent to Muhammad Ayyub's exhortation equipped with pistol and club, respectively, culminating into the respondents' acquittal by an Additional Sessions Judge, Gujrat on 28-7-1993 granting them the benefit of doubt which on appeal/revision was maintained by the learned Division Bench of the Lahore High, Lahore vide the impugned judgment dated 1-8-2001' has sought leave to appeal. 2. However, at the rostrum opting not to press the petition qua Muhammad Ali and Muhammad Ayub respondents keeping in view the ascribed role, confined this submission to Muhammad Zubair, the principal accused to whom the fatal hatchet blow has been attributed contending it to be a case of misreading of evidence of a board, any light occurrence. 3. Having heard the learned counsel at some length, dismissing the petition concerning Muhammad Ali and Muhammad Ayub, respondents as not pressed, we are inclined to grant leave against Muhammad Zubair being of the opinion that the matter warrants reappraisement of the entire evidence for safe administration of criminal justice. 4. Let bailable warrants in the sum of Rs,2,00,000 with two sureties each in the like amount returnable to the Sessions Judge, Gujrat be issued for securing his attendance.

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