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ABDUL RASHID vs NAZIR HUSSAIN AND 5 Other — 1971 SCMR 284

Citation: 1971 SCMR 284

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-01-13

Parties: ABDUL RASHID vs NAZIR HUSSAIN AND 5 Other

Headnotes

Case cited as 1971 SCMR 284

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Mujibur Rahman Khan, Muhammad Yaqub Ali Khan Title: ABDUL RASHID vs NAZIR HUSSAIN AND 5 Other Case No.: Criminal Appeal No. 74 of 1970 Criminal Appeal No. 184 of 1968 Date of Judgment:1971-01-13 Reported As: 1971 SCMR 284 Result: Appeal dismissed JUDGMENT JUDGMENT M. R. KHAN, J.-This appeal, by special leave, is against the judgment and order of the High Court of West Pakistan, Lahore, in Criminal Appeal No. 184 of 1968 and Murder Reference No. 83 of 1968, by which the convictions of the respondents 1 to s and their sentences under various sections including the sentence of death on the first respondent Nazir Hussain were set aside and all of them were acquitted. The parties in this case are inter-related. All the prosecution witnesses except Labha (P. W. 7) are related to the parties. They live in a Katri called Krishna Foundry in Faiz Bagh, Lahore. On the 20th July 1966, Mst. Khurshid Begum (P. W. 11), a sister of deceased Mehraj Din was getting the drain outside her house cleaned. With regard to the deposit of the refuse from the drain, there ensued an altercation between Mst. Khurshid Begum and Mst. Phaman, the wife of the fourth respondent Noor Muhammad. On that occasion, the respon--dents Haji Mushtaq Ahmad and Noor Muhammad gave Mst. Khurshid Begum a beating. Over that incident, Mst. Khurshid Begum made a report (Exh. P. D.) at the police station the same day, at about 2.20 p.m. Mst. Barkat Bibi, the…

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