Lai Khan son of Chanan vs Mohammad Nawaz — 1972 SCMR 286

Citation: 1972 SCMR 286

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Headnotes

Case cited as 1972 SCMR 286

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Waheeduddin Ahmad, Hamoodur Rahman, JUDGMENT Reported As: 1972 SCMR 286 Result: Appeal dismissed Judgment JUDGMENT SALAHUDDIN AHMED, J.--This appeal by special leave is from and order of a Division Bench of the High Court of West Pakistan Lahore, acquitting the two respondents, and three co-accused persons, viz. Manzoor, Mohammad Khan alias Mamna and Nazar Mohammad of charges under sections 302/149 and 148 of the Pakistan Penal Code on the ground that there was no unimpeachable evidence of rioting or to connect them with the murder of Lai Khan son of Sardar A.I for which they had been convicted and sentenced by the trial Court. The appellant is a private complainant, and he has obtained leave of this Court only against the two respondents, Lai Khan, son of Chanan, and Mohammad Nawaz. The leave has been granted to consider whether the acquittal of the two respondents was Sh based on reasonable ground, and whether or not the evidence L. Of Mamma and Mst. Bivi should have been believed as they were supported by the recovery of a blood-stained hatchet from each one of the two respondents. The occurrence took place on the 29th November 1966, at rotiwela in the Chowk of village Dhak Police Station Khatha Saghral, District Sargodha, and was reported at 9 a.m. By P. W. Shah Nawaz, to Assistant Sub-Inspector of Police Abdullah Khan who was found present at the Railway Station, Dhak, at a distance of a few furlongs…

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