ABDUL RASHID vs ALI NAWAZ — 1971 SCMR 18

Citation: 1971 SCMR 18

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: ABDUL RASHID vs ALI NAWAZ

Headnotes

Case cited as 1971 SCMR 18

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman Title: ABDUL RASHID vs ALI NAWAZ Case No.:Criminal Reference No. 69 of 1968 Petition for Special Leave to Appeal No. JUDGMENT Reported As: 1971 SCMR 18 Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner was convicted under section 326 of the Pakistan Penal Code and sentenced to pay a fine of Rs. 30 only, by a Magistrate of the First Class at Sadar (South) Comilla. Thereafter, the learned Sessions Judge, Comilla, made a reference to the High Court under section 438 of the Code of Criminal Procedure pointing out that the petitioner was charged under section 326 of the Penal Code for having caused grievous injury to one, Kalimuddin, and also an incised injury to one, Kazrul Islam by dao blows. As a result of these Kalimuddin became senseless and was removed to hospital where he was kept confined as an indoor patient for more than a month. The Magistrate concerned examined Kalimuddin and only three other witnesses but before examining Nazrul Islam and the medical officer concerned framed a charge under section 324 and convicted the petitioner as aforesaid. In these circumstances, the learned Sessions Judge thought that this was a fit case where the order of the Magistrate should be set aside and a fresh trial ordered under section 326, P. P. C. The High Court, however, issued a rule only for enhancement of the sentence under section 324, P. P. C., and after hearing…

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