The STATE vs NOOR MUHAMMAD And 3 OTHERS — 1972 PCRLJ 1001

Citation: 1972 PCRLJ 1001

Court: Lahore High Court

Year: 1971

Decision Date: 1971-09-29

Parties: The STATE vs NOOR MUHAMMAD And 3 OTHERS

Headnotes

Case cited as 1972 PCRLJ 1001

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Zullah, Muhammad Munir Farooqi Title: The STATE vs NOOR MUHAMMAD And 3 OTHERS Case No.: Criminal Appeal No. 304 of 1966 Date of Judgment:1971-09-29 Reported As: 1972 P Cr. L J 1001 Result: Case remanded JUDGMENT JUDGMENT Muhammad Munir Farukbe, J.--This State appeal under section 417, Cr. P. C. lias been addressed against the order dated 17th January 1966 of Malik Bashir Ahmad, then Magistrate Section 30, Toba Tek Singh, acquitting the four respondents of the charge under section 307/34, P. P. C. without recording complete evidence in this case. 2. The respondents are alleged to have waylaid Sardar Muhammad (P. W. 3) and made a murderous assault on him in furtherance of their common intention while armed with deadly weapons like gandasi, takwa and dangs at chahwela on 18th January 1965, causing no less than 19 injuries on his person including the two on the head which were declared dangerous to life by the doctor. Noor Muhammad, a brother of the injured person lodged the report of this occurrence at 11- 30 a.m. on the same day at Police Station Gojra naming Ali Ahmad and Ibrahim as eye-witnesses. [17] transpired that the relevant file had not been received in the Court so the case was adjourned to next day, but due to the short adjournment the file was not available again and the case was re- adjourned to 12th November 1965, when the new Magistrate directed the issuance of the process for the remaining witnesses for…

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