MUHAMMAD HUSSATN vs THE STATE — 1970 PCRLJ 191

Citation: 1970 PCRLJ 191

Court: Lahore High Court

Year: 1969

Decision Date: 1969-07-02

Parties: MUHAMMAD HUSSATN vs THE STATE

Headnotes

Case cited as 1970 PCRLJ 191

Judgment Text

Court Name: Lahore High Court Judge(s): Ataullah Sajjad Title: MUHAMMAD HUSSATN vs THE STATE Case No.: Criminal Revision No. 20 of 1964 Date of Judgment:1969-07-02 Reported As: 1970 P Cr. L J 191 Result: Petition dismissed JUDGMENT JUDGMENT This is a recommendation by the District Magistrate, Sialkot, to set aside the acquittal of Rahim Bakhsh and seven others from charges under sections 427/149. 447/149 and 143 of the Pakistan Penal Code. 2. The case arose out of a complained filed by Muhammad Hussain who alleged that the accused had trespassed into the land which was in leis possession and had damaged his bajra crop which was valued at Rs. 70. The case was tried by the Tehsildar Shakkargarh who had the powers of second class Magistrate. He heard the case under the summons case procedure and ultimately acquitted the accused. 3. The District Magistrate has sent this case to this Court for setting aside the order of acquittal on the grounds firstly, 'that section 427, P. P. C. Is punishable with imprisonment of either description for a term which may extend to two years' rigorous imprisonment or with fine or with both, and the case should have been tried as a warrant case and, secondly, that the statements of .The accused under section 342 of the Code of Criminal Procedure were not recorded and the trial is vitiated also on that account. 4. Sayed Amir Ali who appears for the complainant in this case said that apart from the commission of these irregularities, the learned…

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