HAKIM ALI AND 4 Others vs THE STATE AND Another — 1971 SCMR 432

Citation: 1971 SCMR 432

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-05-12

Parties: HAKIM ALI AND 4 Others vs THE STATE AND Another

Headnotes

Case cited as 1971 SCMR 432

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: HAKIM ALI AND 4 Others vs THE STATE AND Another Case No.: Criminal Appeal No. 37 of 1969 Criminal Appeal No. 537 of 1966 Date of Judgment:1971-05-12 Reported As: 1971 SCMR 432 Result: Appeal accepted JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-This is a direct appeal arising out of a judgment of a Division Bench of the High Court of West Pakistan, Lahore seat, in an appeal filed by the State under sec--tion 417, Cr. P. C. Against the acquittal of the appellants herein and five others. The complainant in this case had also filed a Criminal Revision No. 339 of 1966 to have the orders of acquittal set aside. The High Court heard both the appeal and the revision together, set aside the order of acquittal in respect of the five appellants now before us, convicted them under sections 302/149, 307/149, 326 and 324/149 and 148 of the Pakistan Penal Code, sentenced them to transportation for life under section 302/149 and to various terms of rigorous imprisonment on the other charges concurrently. The appeal and revision were dismissed in respect of the remaining five accused persons. The prosecution case was that on the 26th September 1964, at about degarwela, while Allah Bakhsh (P. W. 12) was taking his cart loaded with earth towards his house the cart got stuck in the mud when it reached the chowk of village, Chak No. 357 J. B., P. S. Gojra, District Lyallpur. Allah…

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