DIN MUHAMMAD vs THE COMMISSIONER, BAHAWALPUR DIVISION AND OTHERS — 1966 PLD 701

Citation: 1966 PLD 701

Court: Baghdad-ul-Jadid

Year: 1969

Decision Date: 1969-10-08

Parties: DIN MUHAMMAD vs THE COMMISSIONER, BAHAWALPUR DIVISION AND OTHERS

Headnotes

Case cited as PLD 1966 SC 701

Judgment Text

Court Name: Baghdad-ul-Jadid Judge(s): Muhammad Afzal Cheema, Mushtaq Hussain Munir Title: DIN MUHAMMAD vs THE COMMISSIONER, BAHAWALPUR DIVISION AND OTHERS Case No.: Writ Petition No, 32 of 1965/BWP Date of Judgment:1969-10-08 Reported As: PLD 1971 Baghdad-ul-Jadid 1 Result: Order accordingly JUDGMENT JUDGMENT MUHAMMAD AFZAL CHEEMA, J.--This writ petition filed by Din Muhammad, an accused in a case under section 302, P. P. C., calls in question the legality of the order of the Commissioner, Bahawalpur, dated 11-11-1964, whereby in exercise of powers vesting in him under section 3(1) of the West Pakistan Criminal Law Amendment Act, 1963 (hereinafter referred to as the Act), he referred the case for being tried by a Tribunal to be constituted under section 4 of the Act. 2. The relevant facts giving rise to the case are that on 19-3-1964 at about 8-30 p.m. a case under section 302, P. P. C. was registered at Police Station Khanpur, District Rahimyarkhan, against Din Muhammad petitioner at the instance of one Dhandoo, a water-carrier of Gharibabad locality. The allegations brought by the complainant were that at about 7-30 p.m. on the same day about an hour prior to the registration of the case Din Muhammad petitioner had murdered the complainant's son Zahoor Din in the presence of Sattar, Rahim Khan, Din Muhammad, water- carriers, and Shera and Amira, shop keepers, near the Chowk of Gharibabad locality, by inflicting two injuries with a clasp knife in the chest and left thigh…

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