UMAR HAYAT vs ABDUR RASHID AND 2 Other — 1970 SCMR 863

Citation: 1970 SCMR 863

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-06-08

Parties: UMAR HAYAT vs ABDUR RASHID AND 2 Other

Headnotes

Case cited as 1970 SCMR 863

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: UMAR HAYAT vs ABDUR RASHID AND 2 Other Case No.: Civil Appeal No. 116 of 1969 Writ Petition No. 1422 of 1968 Date of Judgment:1970-06-08 Reported As: 1970 SCMR 863 Result: Appeal allowed JUDGMENT JUDGMENT MUHAMMAD YAQUB ALI, J.-The facts giving rise to this appeal briefly are that Abdur Rashid, respondent, and his co. Accused Ghulam Ahmad were charged under section 302 read with section 34, P. P. C. For the murder of Ch. Hakim Ali and his son Khizar Hayat in the area of Chak No. 68/DB, District Bahawalpur. The case was in due course made over by the Commissioner to a Tribunal under section 3 of the West Pakistan Criminal Law Amendment Act, 1963, consisting of Mr. Taj Muhammad Khan Lodhi, Magistrate, Section 30, Brigadier Nazir Ali Shah, Malik Ghulam Haider, Syed Farid Hussain Shah and Ch. Shah Muhammad. After holding an inquiry into the guilt or innocence of the accused persons, the members of the Tribunal returned the following findings :--- (i) Mr. Taj Muhammad Khan Lodhi : "There was strong evidence against the accused Abdur Rashid, respondent No. 1". (ii) Brigadier Nazir Ali Shah : "both the accused were innocent". (i.e) Malik Ghulam Haider : "there was no proof against Ghulam Ahmad and the evidence against Abdur Rashid accused was artificial and fabricated". He, however, held that "Abdur Rashid, accused, might be the murderer". (iv) Syed Farid Hussain Shah…

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