MUHAMMAD SHARIF vs TAHIRUR REHMAN AND 3 Other — 1972 SCMR 144

Citation: 1972 SCMR 144

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: MUHAMMAD SHARIF vs TAHIRUR REHMAN AND 3 Other

Headnotes

Case cited as 1972 SCMR 144

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Sajjad Ahmad Jan Title: MUHAMMAD SHARIF vs TAHIRUR REHMAN AND 3 Other Case No.:Criminal Appeal No. 47 of 1971 Criminal Appeal No. 170 of 1969 Revision No. JUDGMENT Reported As: 1972 SCMR 144 Result: Appeal dismissed Judgment JUDGMENT SALAHUDDIN AHMED, J.-This appeal by special leave of this Court is from an order of a Division Bench of the Peshawar High Court, setting aside the convictions and sentences of the appellants (respondents Nos. 1-3 herein) passed under section 302 of the Pakistan Penal Code (two counts) and under section 307 of the Code (three counts). Originally seven persons, including the three respondents were tried by the Additional Sessions Judge, Peshawar, under sections 148, 302/ 149 (two counts) for committing the murder of Jehanzeb and Farid and under section 307/ 149 for attempting on the lives of Sarfraz and P. Ws. Muzammal and Alamzeb ; under section 436, P. P. C. For burning the kotha of Sher Afzal P. W. And under section 404 of the Code for removing the licensed gun and bandolier of Jehanzeb deceased after he had been killed. The complainant and his party belonged to the Muslim League while the respondents and their men belonged to the Red Shirt Organization. The relations of the two parties had not been cordial since 1930. 9 months 2 years before the occur--rence, Abdul Rehman, a brother of Sarfraz and cousin of P. W. Alamzeb and Jehanzeb deceased had been…

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