KHAIR MOHAMMAD AND Another vs MIR. MOHAMMAD AND 4 Other — 1972 SCMR 82

Citation: 1972 SCMR 82

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: KHAIR MOHAMMAD AND Another vs MIR. MOHAMMAD AND 4 Other

Headnotes

Case cited as 1972 SCMR 82

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Sajjad Ahmad Jan Title: KHAIR MOHAMMAD AND Another vs MIR. MOHAMMAD AND 4 Other Case No.:Criminal Petition for Special Leave to Appeal No. K-80 of 1971 Criminal JUDGMENT Reported As: 1972 SCMR 82 Result: Leave refused Judgment JUDGMENT SALAHUDDIN AHMED, J.-This leave petition is from an order of acquittal passed by the High Court of Sind &. Baluchistan, Karachi. The respondents were convicted under section 302 read with section 34 of the Pakistan Penal Code and while one of, them was sentenced to death, the rest were sentenced to transportation for life. In addition three of the respondents were further convicted and sentenced under section 326/34 of the Pakistan Penal Code. One of the respondents was further convicted' and sentenced under section 13-D of West Pakistan Arms Ordinance. The occurrence is alleged to have taken place on the 24th April 1969, at 5-30 a. m. In the house of Fateh A.I, P. W: 9. The motive for the occurrence is alleged to -be a long-standing enmity between the respondents on one side and the complainant party headed by P. W. Fateh A.I on the other. The prosecution case is that while the two Chowkidars, P. Ws. Khair Mohammad (the complainant) anal Jurial . Were guarding the house of P. W. Fateh A.I, respondents Nos. 1 to..4, two of whom were armed with shot guns and two with hatchets, got on the roof of the house. Respondent Lal Bux fired his gun into the courtyard…

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