Asif Ali vs Arif Mirza — 1971 PLD 223

Citation: 1971 PLD 223

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Headnotes

Case cited as PLD 1971 Supreme Court 223

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Waheeduddin Ahmad, Hamoodur Rahman, Mujibur Rahman Khan, Sajjad JUDGMENT Reported As: PLD 1971 Supreme Court 223 Result: Appeal dismissed Judgment JUDGMENT SAJJAD AHMAD, J.--The appellant, Asif Ali was convicted by a Magistrate 1st Class, Lahore, with powers under section 30, for an offence under section 326, P. P. C. and sentenced to seven years' R. I. and a fine of Rs, 100.00, or, in default of payment, further three months' R. I. The prosecution case against him was that he had thrown acid on Arif Mirza, because of his suspicion about his illicit connections with the appellant's wife. The acid, which fell on the face of Arif Mirza, caused extensive damage by burns, including the loss of his left eye, which had to be extracted. The appellant preferred an appeal to the High Court, which, having been duly admitted, was, at first, heard by Mr. Justice Shah Zaman Babar of the Peshawar Bench, who ordered the production of additional evidence for elucidation of certain points, but the appeal could not be concluded by him, as the learned Judge returned to Peshawar on the conclusion of his circuit tour. The appeal was then laid before Mr. Justice Muhammad Afzal Khan, who heard arguments on a couple of occasions, but finally returned it to the office on the 11th of May 1970, for its disposal by the learned Judge, who was dealing with criminal appeals during those days, as he himself had been made to sit on a Division Bench, which was…

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