NAUSHER And Another vs The STATE — 1972 PCRLJ 695

Citation: 1972 PCRLJ 695

Court: Lahore High Court

Year: 1971

Decision Date: 1971-01-12

Parties: NAUSHER And Another vs The STATE

Headnotes

Case cited as 1972 PCRLJ 695

Judgment Text

Court Name: Lahore High Court Judge(s): Aslam Riaz Hussain Title: NAUSHER And Another vs The STATE Case No.: Criminal Appeal No. b71 of 1969 Date of Judgment:1971-01-12 Reported As: 1972 P Cr. L J 695 Result: Appeal allowed JUDGMENT JUDGMENT Nausher son of Shahanrad, aged 28 years and Ahmad Ali son f Waryam aged 25 years were tried by Mr. M. Masood Ahmad nsari, P. C. S. Resident Magistrate/Magistrate Section 30, Okara, istrict, Sahiwal for offence under section 307/34, P. P. C. Finding both of them guilty of the above-noted offence, he convicted them for the same and sentenced each one of them to 5 years' R. I. by his judgment dated 18th November 1969. He also awarded them a sentence of five lashes each under the West Pakistan Whipping Ordinance, 1963 by the same judgment. Both of them have come up in appeal against their conviction and sentences. 2. It is not necessary to narrate the facts of the case as the appeal has been filed on legal grounds only. Mr. Saeedur Rahman Farrukh, the learned counsel for the appellants urged that on 8-4-1969 the learned trial Magistrate had recorded the evidence of three prosecution witnesses namely Makhan P. W. 1, Muhammad Khan P. W. 2 and Muhammad Ishaq P. W. 3 in the absence of the counsel who represented the appellants at the trial and no cross-examination could therefore be conducted by the appellants. The learned Magistrate, however, recorded on the file that no cross- examination was conducted in the case of P. W. I and P. W. 2,…

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