ILAM DIN AND 3 Othbrss vs The STATE — 1970 SCMR 576

Citation: 1970 SCMR 576

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-05-18

Parties: ILAM DIN AND 3 Othbrss vs The STATE

Headnotes

Case cited as 1970 SCMR 576

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Mujibur Rahman Khan Title: ILAM DIN AND 3 Othbrss vs The STATE Case No.: Criminal Appeal No. 18 of 1970 Criminal Appeal No. 714 of 1965 Date of Judgment:1970-05-18 Reported As: 1970 SCMR 576 Result: Appeal dismissed JUDGMENT JUDGMENT WAHIDUDDIN AHMAD, J.-This appeal by special leave is directed against the judgment of a learned Single Judge of the High Court of West Pakistan, Lahore, in Criminal Appeal No. 714 of 1965 dated the 26th May 1967. By this judgment the conviction and sentence passed on Ilam Din, Khair Din, Hakam and Akram under section 148, P. P. C. Was set aside. They were convicted for the murder of Jhanda under section 302/34, P. P. C. And each one of them was sentenced to transportation for life. They were also convicted under section 326/34, P. P. C. To suffer rigorous imprisonment for a period of two years for the injuries to Ahmad Din. They were further convicted under section 323/34, P. P. C. For caus--ing injuries to Fateh Muhammad and Jamil and sentenced for a period of six months' R. I. The sentences were ordered to run concurrently. The prosecution story is that on the 25th July 1964, Fateh Muhammad P. W. 13, and Jhanda deceased made a cut in the common banna of fields Nos. 382 and 380 in order to drain out the rain water collected in field No. 383 which was under their cultivation as they wanted to prepare the land for the sowing of paddy. Field No. 380 was in the possession of Wazir…

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