GHULAM ABBAS vs ZAFAR ALI AND 3 Other — 1970 SCMR 52

Citation: 1970 SCMR 52

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-02-25

Parties: GHULAM ABBAS vs ZAFAR ALI AND 3 Other

Headnotes

Case cited as 1970 SCMR 52

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Mujibur Rahman Khan, Muhammad Yaqub Ali Khan Title: GHULAM ABBAS vs ZAFAR ALI AND 3 Other Case No.:Criminal Petition for Special Leave to Appeal No. 205 of 1969 Criminal Appeal No. 826 of 1968 Date of Judgment:1970-02-25 Reported As: 1970 SCMR 52 7 Result: Leave refused Judgment ORDER WAHIDULDIN AHMAD, J.-Respondents Zafar Ali, Shaista Khan and Gul Muhammad were tried along with Nawazish Ali under section 302/34, P. P. C. For the murders of Mumtaz Hussain and Haq Nawaz, on the 12th July 1967, in the area of Mouza Kot Mopal, District Jhang. Respondent No. 1 was sentenced to transportation for life and respondents Nos. 2 and 3 were sentenced to death by the learned Additional Sessions Judge, Lyallpur, by judgment dated the 16th November 1968. Nawazish Ali was acquitted. Respondents challenged this judgment in Criminal Appeal No. 826 of 1968, and a Division Bench of the West Pakistan High Court, Lahore, by judgment dated the 24th April 1969, accepted the appeal and acquitted the respondents. Petitioner Ghulam Abbas, who is the brother of deceased Aaq Nawaz, seeks special leave to file an appeal against the said judgment. The prosecution case is that on the 12th July 1967, at about 10-00 a. m. In the area of Mouza Kot Mopal, respondents, along with Nawazish Ali, armed with guns and, in furtherance to, their, common intention fired at Mumtaz Hussain and Haq Nawaz and caused their death. Ghulam Abbas, Muhammad…

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