NUR MUHAMMAD vs THE STATE And 2 Other — 1972 SCMR 331

Citation: 1972 SCMR 331

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: NUR MUHAMMAD vs THE STATE And 2 Other

Headnotes

Case cited as 1972 SCMR 331

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan Title: NUR MUHAMMAD vs THE STATE And 2 Other Case No.:Criminal Petition for Special Leave to Appeal No. 238 of 1971 Criminal JUDGMENT Reported As: 1972 SCMR 331 Result: Leave refused Judgment JUDGMENT SAJJAD AHMAD, J.--This petition is directed against the judg--ment of a Division Bench of the Lahore High Court dated the 28th of April 1971, whereby respondents Makhna and Amir were acquitted of the charge of having murdered their co-villager, Khan Muhammad, on the night between the 25th and 26th of August 1968. According to the office note, the petition is barred by three days, which is not disputed by the learned counsel for the petitioner. It has been held by this Court repeatedly that in petitions' against acquittal, delay cannot be condoned unless it is show that the petitioner was precluded from filing his petition in time due to some act of the acquitted respondent. See Muhammad Khan v. Sultan and others (1969 SCMR 82). No such act on the part of the acquitted respondents is alleged in the application for condonation of delay filed by the petitioner. The petition is, therefore, dismissed asp barred by time.

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