THE STATE vs FATEH KHAN AND 3 Other — 1970 SCMR 333

Citation: 1970 SCMR 333

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-11-26

Parties: THE STATE vs FATEH KHAN AND 3 Other

Headnotes

Case cited as 1970 SCMR 333

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Mujibur Rahman Khan, Muhammad Yaqub Ali Khan Title: THE STATE vs FATEH KHAN AND 3 Other Case No.: Criminal Appeal No 5 of 1969 Criminal Appeal No. 284 of 1966 Date of Judgment:1969-11-26 Reported As: 1970 SCMR 333 Result: Appeal allowed JUDGMENT JUDGMENT MUHAMMAD YAQUB ALI, J.-On the afternoon of the 9th February 1965, a gruesome murder took place in the verandah of the District Bar Room, Mianwali, in full public view. Within few minutes of the incident the respondents and another were charged for the crime. Out of them Fateh Khan, respondent, had placed the barrel of a shot gun close to the back of Habibullah, deceased, and fired a shot which felled him to the floor instantaneously. Thereafter Muhammad Hayat, Rohtas Khan and Murid Abbas, respondents caused him as many as seven injuries with knives mostly in the region of the chest. The fifth accused Noor Khan, father of Fateh Khan, respondent, then shouted that the mission having been completed the assailants should make good their escape. Thereupon all five of them bolted away from the Court compound. The attack was witnessed by Habibullah, P. W. 9, Saifullah, P. W. 11, Adam Khan, P. W. 12 and Muhammad Nawaz, P. W. 13. Habibullah, P. W. 9, had come to the District Courts to attend to a case in the Court: of Mr. Masud Ahmad Ansari, Magistrate, in which his brothers Umer Hayat and Muhammad Nawaz were being tried along with the deceased under sections 13 and…

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