MESAL AND Another vs THE CROWN — 1971 SCMR 239

Citation: 1971 SCMR 239

Court: Supreme Court of Pakistan

Year: 1954

Decision Date: 1954-02-08

Parties: MESAL AND Another vs THE CROWN

Headnotes

Case cited as 1971 SCMR 239

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Muhammad Shahabuddin, Sir Abdul Rashid, Alvin R. Cornelius Title: MESAL AND Another vs THE CROWN Case No.: Criminal Appeal No. 14 of 1953 Criminal Appeal No. 17 of 1952 Date of Judgment:1954-02-08 Reported As: 1971 SCMR 239 Result: Appeal dismissed JUDGMENT JUDGMENT ABDUL RASHID, C. J.-I have had the advantage of reading the judgment which my learned brothers propose to deliver in this case. I regret I do not find myself in agreement with them so far as the case of Abdul Khabir appellant is concerned. It is clear from the prosecution evidence that Masai accused was armed with a double-barrelled shot-gun, and that Multan and Abdul Khabir had single-barrelled shot-guns. It is stated by the prosecution witnesses that only three shots were fired simultane--ously or almost simultaneously. They have deposed that Masai, Multan and Abdul Khabir fired one shot each. I consider it, however, quite possible that the witnesses may be making an honest mistake in this respect. Masai had a double-barrelled gun and opened the attack. It was unnecessary for him to reload the gun if he meant to fire another shot. The first shot was fired by Masai. The two shots that rang out immediately thereafter could have been fired by Masai and Multan. If that happened, the prosecution witnesses would not be in a position to know with any degree of certainty whether the two subsequent shots were fired by Masai and Multan or by Multan and Abdul Khabir. After…

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