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K.L.R. 1993 Criminal Cases 290

SARDAR MUHAMMAD vs THE STATE

CitationK.L.R. 1993 Criminal Cases 290
CourtLahore High Court
Case No.Crl.Misc. 5561-B of 1992
Date1993-02-15
Judge(s)Muhammad Amir Malik
ResultN/A

ORDER

MUHAMMAD AMIR MALIK, J.- Sardar Muhammad petitioner is father of Mst. Naseem Bibi deceased, his un-married daughter. She as well as Suleman Khan deceased were done to death at the same time, according to the F.I.R, at Eshawela on 29.6.1992.

2. Learned counsel for the petitioner has relied upon the principle laid down in State vs. Muhammad Hanif and 5 others (1992 SCM R 2047) to take the plea ol grave and sudden provocation while contrary view in State vs. Abdul Waheed alias Waheed and another (1992 P.Cr.L.J. 1596) has been taken by learned counsel for the complainant. The latest view must prevail.

3. Facts slated in the F.I.R, do constitute prima facie plea of grave and sudden provocation. Hence allowed bail in the sum of Rs. 25,000/- with two sureties in the like amount to the satisfaction of lh trial Court.

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