Muhammad Azad vs Kamal Khan and Balawal Shah — 1970 SCMR 780

Citation: 1970 SCMR 780

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Headnotes

Result: Appeal dismissed Judgment JUDGMENT CORNELIUS, J.-The appellants are seven in number: One of them, namely, Muhammad Azad stands convicted under section 302 and section 148, P. C., on the-allegations that he joined in a riot and in the course of that riot, he caused the death of one Bhag by shooting him with a fire-arm.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Muhammad Shahabuddin, Alvin R. Cornelius, Muhammad Sharif, Amir-Ud- JUDGMENT Reported As: 1970 SCMR 780 Result: Appeal dismissed Judgment JUDGMENT CORNELIUS, J.-The appellants are seven in number: One of them, namely, Muhammad Azad stands convicted under section 302 and section 148, P. P. C., on the-allegations that he joined in a riot and in the course of that riot, he caused the death of one Bhag by shooting him with a fire-arm. The remaining six appellants are named Mohabbat Khan, Karim Dad, Nazir Ahmad, Muhammad Shakir, Riaz and Mahram Khan. They were each convicted under section 148, P. P. C. For participation in the same riot. Each was also convicted under section 325 read with section 149, P. P. C. The sentences are uniform in the cases of these six persons. Originally, 38 persons were challaned by the police in the case, which arose out of a serious clash between the parties of two candidates at a District Board election in Rawalpindi district. The occasion was the polling of votes at a village named Kirpa on the 27th June 1954. The accused persons are shown to be supporters of one of the candidates named Kamal Khan, while the allegation is that the complainant-party in the present case were all supporters of the rival candidate Balawal Shah. It appears that village Kirpa was a strong--hold of the Dhanial Rajputs, to which tribe Kamal Khan belongs. A body of supporters of Balawal Shah on the day in question formed…

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