AHMAD KHAN vs The STATE — 1972 PCRLJ 30

Citation: 1972 PCRLJ 30

Court: Lahore High Court

Year: 1971

Decision Date: 1971-12-31

Parties: AHMAD KHAN vs The STATE

Headnotes

Case cited as 1972 PCRLJ 30

Judgment Text

Court Name: Lahore High Court Judge(s): Ataullah Sajjad Title: AHMAD KHAN vs The STATE Case No.: Criminal Appeal No. 499 of 1970 Date of Judgment:- Reported As: 1972 P Cr. L J 30 Result: N/A JUDGMENT JUDGMENT The appellant was tried along with his wife Mst. Mulkhan for the murder of Fateh Khan their co- villager. The learned Additional Sessions Judge, Campbellpur disbelieved the entire prosecution evidence but relying on the statement made by the appellant himself and Mst. Mulkhan his wife and co-accused found that the latter was not guilty and that the appellant had committed an offence under section 304, Part I of the Pakistan Penal Code. He awarded him a sentence of ten years' R. I. and a fine of Rs. 200. In default of payment of fine he was ordered to suffer rigorous imprisonment for a further period of three months. 2. The prosecution case as it unfolds itself in the F. I. R. was that there was some dispute between the appellant and his wife on one side and the deceased on the other with regard to the damage that the appellant had done to the crops of the deceased. It was the case of the prosecution that the deceased and Mst. Mulkhan had exchanged abuse and that she and the appellant came armed with hatchets and inflicted blows on Fateh Khan who died at the spot. 3. The learned Additional Sessions Judge visited the spot and found that the witnesses produced by the prosecution in support of its story were false. The State had filed Appeal No. 841 of 1970 against the…

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