JAN MUHAMMAD vs THE STATE — 1970 PCRLJ 1097

Citation: 1970 PCRLJ 1097

Court: Lahore High Court

Year: 1969

Decision Date: 1969-05-06

Parties: JAN MUHAMMAD vs THE STATE

Headnotes

Case cited as 1970 PCRLJ 1097

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Zullah Title: JAN MUHAMMAD vs THE STATE Case No.: Criminal Revision No. 750 of 1963 Date of Judgment:1969-05-06 Reported As: 1970 P Cr. L J 1097 Result: Revision allowed Judgment ORDER OF REFERENCE BY SESSIONS JUDGE The facts of this case are as follows: - 1. This order will dispose of a revision petition moved under section 435, Cr. P. C. For making recommendation to the High Court for the quashment of the sentence of fine of Rs. 20 imposed on the petitioner by Mr. Abdur Rahim Khan, Additional District Magistrate, Sialkot. The learned Magistrate held the petitioner to be guilty under section 82 of the Basic Democracy's Order, 1959 and convicted him on the evidence of M. Azam Chairman of the Union Council No. 96 Baghiari, Tehsil Pasrur who stated that the petitioner had stored dung-hill. In columns Nos. 9 and 10 of the summary register the learned Magistrate recorded below the writing in Urdu which when translated in English means "Accused was served with a notice that he should remove the dung- hill from the village Abadi. He has been guilty of contravention. He has not removed the dung-hill. 82 Basic Democracies Order, 1959. No evidence. 1-11-1962. (Sd.) A. R. Rahim. 2. Sentenced on the statement of the Chairman not guilty and was sentenced on the statement of the Chairman who stated that the accused had stored dung-hill as already mentioned above. The Proceedings are forwarded for revision on the following grounds.…

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