WAZIR AND 3 Others vs THE STATE- — 1970 PCRLJ 1284

Citation: 1970 PCRLJ 1284

Court: Lahore High Court

Year: 1969

Decision Date: 1969-11-18

Parties: WAZIR AND 3 Others vs THE STATE-

Headnotes

Case cited as 1970 PCRLJ 1284

Judgment Text

Court Name: Lahore High Court Judge(s): Maulvi Mushtaq Hussain Title: WAZIR AND 3 Others vs THE STATE- Case No.: Criminal Appeal No. 813 of 1967 Date of Judgment:1969-11-18 Reported As: 1970 P Cr. L J 1284 Result: Order accordingly JUDGMENT JUDGMENT Wazir (61), Bashir (46), Mamma (17) and Majid (31) were tried by Sh. Bashir Ahmad, Additional Sessions Judge, Sahiwal; under section 302 read with section 34 of the Pakistan Penal Code for having caused the death of Khushi Muhammad deceased and, section 323 read with section 34 of the Pakistan Penal Code for having caused simple injuries to Bagh Ali (P. W. 8). By his judgment dated 5th December 1967, Bashir and Majid were convicted under section 304 read with section- 34 of the Pakistan Penal Code and awarded 10 years' rigorous imprisonment each. Wazir and Mamma were found guilty under section 323 read with section 34 of the Pakistan Penal Code and were sentenced to six months' rigorous imprisonment. The convicts have come up in appeal. 2. Wazir and Bashir appellants are brothers. Mamma is the son of Wazir appellant. Majid appellant is the nephew of Wazir. 3. Briefly stated, the prosecution case is, that the lands of the parties situated in Chak No. 36/2. L are adjoining. A day prior to the occurrence, which took place on 24th July 1966, a diger-wela, the appellants wanted to dig a water-course through Killa Nos. 2 and 3 of Square No. 63, belonging to the deceased, in order to irrigate their land from the water of tube-well of…

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