Khuda Bakhsh and others vs Sona Khan and others — 1971 PCRLJ 388

Citation: 1971 PCRLJ 388

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Headnotes

Case cited as 1971 PCRLJ 388

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Waheeduddin Ahmad, Hamoodur Rahman, Mujibur Rahman Khan, Sajjad JUDGMENT Reported As: 1971 P Cr. L J 388 Result: Appeal dismissed Judgment JUDGMENT WAHIDUDDIN AHMAD,. J.-This appeal by special leave' is directed against the judgment of the High Court of West Pakistan Peshawar Bench, in Writ Petition No. 344 of 1963 which was dismissed along with .Writ Petitions Nos. 361 of 1963 and 296 of 1965, by judgment dated .The 12th August 1965: Briefly the facts leading to this appeal are that the appellants who are residents of Dera Ismail Khan, were tried under section 302, P. P. C. Read with section 11 of F. C. R. And sections 307/149, P. P. C./11, F. C. R. The allegation against them is that on the 20th November 1959, at 1-15 p.m. a fight took place between the appellants and Sona Khan, Muhammad Jaffar 'sons of Haji `Ellahi Bakhsh and their relative Ghulam Mustafa. Sona Khan lodged a report that Khuda Bakhsh appellant was present with a revolver: Rab Nawaz, Muhammad Bakhsh and Ellahi Bakhsh appellants were armed with sticks and hatchets. Shah Nawaz appellant was empty handed. He further alleged that Muhammad Bakhsh and Ellahi Bakhsh appellants had beaten Muhammad Jaffar, who later on died. Rab Nawaz was also charged for beating the deceased Mohammad Jaffar and Ghulam Mustafa. The appellants were arrested. The case was challaned in the ordinary Court but it was withdrawn on the 18th March 1960, by Mr. Fakhruzzaman Khan, Deputy…

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