KHUDA YAR vs MOHAMMAD ALI AND 6 Other — 1971 SCMR 737

Citation: 1971 SCMR 737

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: KHUDA YAR vs MOHAMMAD ALI AND 6 Other

Headnotes

Case cited as 1971 SCMR 737

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan, Sajjad Ahmad Jan Title: KHUDA YAR vs MOHAMMAD ALI AND 6 Other Case No.:Criminal Appeal No. 434 of 1967 Petition for Special Leave to Appeal No. 218 JUDGMENT Reported As: 1971 SCMR 737 Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The first six respondents herein were sent up for trial with two others on charges under sec--tions 302/149 and 148 of the Pakistan Penal Code for the murders of two co- villagers named Khan and Yaqub on the evening of the 21st of September 1906, in the area of village Qasmana Kharl within Dipalpur Police Station, District Sahiwal. The trial Court acquitted two but convicted -the above-mentioned respondents on both the charge,. They were sentenced to transportation for life and a title of It Rs.500 each on the charge under section 302/149. P.P.C. They were also sentenced to 3 years' rigorous imprison--ment each in respect of the charge under section 148 of the' Pakistan Penal Code. On appeal, however, even these respondents were acquitted. A brother of the deceased now seeks special leave to appeal to this Court. The first information of this incident was lodged by another brother of the deceased at about 11-55 p. m. It is admitted that the parties were on inimical terms for quite sometime. Security proceedings under sections 107 and 154 of the Criminal Procedure Code were also pending between the parties at the time of the incident. The…

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