JAMAL DIN AND Another vs THE STATE — 1975 PCRLJ 650

Citation: 1975 PCRLJ 650

Court: Lahore High Court

Year: 1971

Decision Date: 1971-03-01

Parties: JAMAL DIN AND Another vs THE STATE

Headnotes

Case cited as 1975 PCRLJ 650

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema Title: JAMAL DIN AND Another vs THE STATE Case No.: Criminal Revision No. 145 of 1971 Date of Judgment:1971-03-01 Reported As: 1975 P Cr. L J 650 Result: Order accordingly JUDGMENT JUDGMENT A case under sections 307/325/149 and 148, P. P. C. Was registered against the petitioners and their three co-accused, at Police Station Pakpattan, on the 26th of September 1969, at the instance of Muhammad Din complainant who received as many as seventeen injuries in addition to five received by his companion Hidayat Ullah. According to the com--plainant's version, Jamal Din petitioner No. 1, armed with a stick, Muhammad Ramzan petitioner No. 2 armed with a gun alongwith their co-accused Shahbaz and Mamma, ambushed at a place where Hakim A.I accused took him on a false pretext. Petitioner No. 2 fired in the air to scare away any possible rescuers of the complainant while others armed with dangs belaboured him and Hidayat Ullah. The learned trial Magistrate framed charge against the petitioners under section 307/149, P. P. C. Etc. Vide his order dated the 13th of January 1971, which is now impugned before me. 2. Learned counsel contends that even if full reliance is placed on the version set out in the F. I. R. And deposed to at the trial by the prosecu--petition witnesses, the offence would at best fall within the purview of section 325/149, P. P. C. Inasmuch as it is nobody's case that Hakim Muhammad Ramzan who was…

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