BAGH HUSSAIN AND Others vs THE STATE Case No — 1970 PCRLJ 899

Citation: 1970 PCRLJ 899

Court: Lahore High Court

Year: 1969

Decision Date: 1969-12-31

Parties: BAGH HUSSAIN AND Others vs THE STATE

Headnotes

899 Result: Convictions set aside Judgment ORDER This case has been referred to the High Court by, the Sessions Judge, Jhelum, tinder section 435/438, vide his order dated 23-[2-1963; recommending that the conviction of Bagh Hussain, Muhammad Hussain, Muhammad Sharif, Nazar Hussain and Rab Nawaz petitioners before him recorded by Raja Khizar Hayat, Magistrate Second Glass, Chakwal, under section 34'2/147; P. Upheld in appeal by the learned S.D.M:, Chak was inhis, order dated 28-2-1963, be quashed.

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema Title: BAGH HUSSAIN AND Others vs THE STATE Case No.: Criminal Revision No. 164 of 1969 Date of Judgment:- Reported As: 1970 P Cr. L J 899 Result: Convictions set aside Judgment ORDER This case has been referred to the High Court by, the Sessions Judge, Jhelum, tinder section 435/438, vide his order dated 23-[2-1963; recommending that the conviction of Bagh Hussain, Muhammad Hussain, Muhammad Sharif, Nazar Hussain and Rab Nawaz petitioners before him recorded by Raja Khizar Hayat, Magistrate Second Glass, Chakwal, under section 34'2/147; P. P. C. Upheld in appeal by the learned S.D.M:, Chak was inhis, order dated 28-2-1963, be quashed. 2. The short background of the case is that ,the above-; mentioned five persons were convicted by, Raja Khizar Hayat, Magistrate Second Class, vide his order dated 21-11- 1962for, offences (i) under section 447;P.P.C. With an 'Award of one month's R. I. Each; (ii) under -section 342, P..P-C with an award of 'four months' R. I.-each and (iii) under section 147, P. P.C. With , an award of one month 's R.I. With a direction for the concurrent running of the sentences. In appeal, the learned S. D. M., Chakwal took a view that the two occurrences being different in point of time and the nature of allega-- tions and the accused involved, there should have been two separate trials. Yet strangely enough he set aside only the conviction under section 447, P. P. C. Maintaining the one under…

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