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Citation: 1971 PLD 751
Court: Supreme Court of Pakistan
Year: 1971
Decision Date: 1971-07-09
Parties: SULEMAN SHAH vs AYUB AND 5 OTHERS
Case cited as PLD 1971 Supreme Court 751
Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: SULEMAN SHAH vs AYUB AND 5 OTHERS Case No.: Criminal Appeal No, 2-P of 1970 Date of Judgment:1971-07-09 Reported As: PLD 1971 Supreme Court 751 Result: Appeal accepted JUDGMENT JUDGMENT MUHAMMAD YAQUB ALI, J.--This is an appeal by special leave from the judgment and order of a Division Bench of the erstwhile High Court of West Pakistan, Peshawar Seat, whereby the learned Judges have set aside the convictions and sentences passed on respondents 1 to 5 by the Additional Sessions Judge, Mardan, and acquitted them all of the charges under sections 148 and 302 read with section 149, P. P. C. The respondents were charged for forming an unlawful assembly at 8-30 a,m on the 2nd August 1964, armed with daggers and knives and in pursuance of the common object of the assembly committing the murder of Aman Shah of village Banda Matore, son of Suleman Shah, appellant herein. According to the First Information Report lodged by Usman Shah brother of the deceased at Police Station, Topi, at 1 p.m. the occurrence took place in the following circumstances: "Today in the morning at about 8-30 I along with my brother Aman Khan were going to village Bisak for the purchase of pulse seed. When we reached the path leading to village Bisak, Mughal Shah son of Gulzada, Ayub Khan, Himat Khan son of Taus Khan, Qasam Khan, son of Himat Khan, Dilawar Khan, son of Ayub Khan of Bisak who…
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