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Petitioner: THE STATE through AdvocateGeneral, Balochistan, Quetta VS Respondent: KHUDA-I-DAD
Court Name: Supreme Court of Pakistan Judge(s): Irshad Hasan Khan, Saeeduzzaman Siddiqui, Mukhtar Ahmed Junejo Title: THE STATE through AdvocateGeneral, Balochistan, Quetta vs KHUDA-I-DAD Case No.: Criminal Petition No, 13-Q of 1994 Appeal No, 59/93 Date of Judgment:1994-12-14 Reported As: 1996 SCMR 519 Result: Leave refused
JUDGMENT
JUDGMENT ' MUKHTAR AHMAD JUNEJO, J.---The State seeks leave to appeal against acquittal of respondent Khuda-i-Dad by the High Court of Baluchistan under a judgment dated 3-3-1994. ' The respondent was tried with seven others for the murder of Abdul Wahab on 1-7-1991 at 7-15 p.m. At Chaman. At conclusion of the trial the respondent along with Abdul Khaliq appellant in Criminal Appeal No,113/94 was convicted for offence under section 302/34, P.P.C. And was awarded the sentence of life imprisonment and payment of Rs, five lacs as fine. Both, the respondent as well as Abdul Khaliq challenged their conviction and sentence in the High Court of Baluchistan. A learned Division Bench of said High Court under a judgment dated 3-3-1994 acquitted the respondent while maintained conviction of Abdul Khaliq. Hence this petition for leave to appeal against acquittal of the respondent. After hearing the learned counsel appearing in Criminal Appeal No,113/94, we have accepted the same and have set aside the conviction and sentence of Abdul Khaliq. The case of respondent Khuda-i-Dad stands on better footing and he appears to have been rightly acquitted. Consequently we dismiss this petition. ' Such short order was passed on 14-12-1994 and these are reasons for the same.
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