AYYUB MASIH vs THE STATE — 1950 PLD 269

Citation: 1950 PLD 269

Court: Lahore High Court

Year: 1971

Decision Date: 1971-03-18

Parties: AYYUB MASIH vs THE STATE

Headnotes

Case cited as PLD 1950 Lah. 269

Judgment Text

Court Name: Lahore High Court Judge(s): Ataullah Sajjad Title: AYYUB MASIH vs THE STATE Case No.: Criminal Appeal No 83 of 1967 Date of Judgment:1971-03-18 Reported As: 1971 P Cr. L J 1304 Result: Orders accordingly JUDGMENT JUDGMENT The present appellant Ayyub Masih stood his trial along with Bashir a Teli by caste Mukhtar Masih and Hanif Masih before Mr. Saadat Nawaz Khan. Additional District Magistrate, Muzaffargarh under section 397/34, P. P. C. Hanif Masih absconded from jail during the trial while the other three were convicted for the above offence and were directed to undergo seven 11 years' rigorous imprisonment each with twenty stripes each. The appellant and his co-accused had earlier been tried but their case was remanded back for retrial for defects in the trial. 2. The occurrence took place on the night between 6th and 7th of June 1964, in Chack No. 626/TDA, Police Station Dera Din Pannah in the -District of Muzaffargarh. On the night of occurrence Ilahi Bakhsh-(P. W. 2) was sleeping on his dera along with Faizullah (P: W. 1) and one Imam Bakhsh who has not been produced at the trial. At about midnight `Faizullah was awakened by the barking of the dogs and found that the door of the house of Ilahi Bakhsh was open. Meanwhile Ilahi Bakhsh: also got up. Mahi P. W. Has his house at some distance from his dera where he was sleeping along with Sarwar P. W. And Ali Muhammad. Mahi lit up a torch and found the four accused running away. They were followed and Hanif…

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