KHUDA BAKHSH vs The STATE — 1972 PCRLJ 51

Citation: 1972 PCRLJ 51

Court: Lahore High Court

Year: 1971

Decision Date: 1971-04-07

Parties: KHUDA BAKHSH vs The STATE

Headnotes

Case cited as 1972 PCRLJ 51

Judgment Text

Court Name: Lahore High Court Judge(s): Ataullah Sajjad Title: KHUDA BAKHSH vs The STATE Case No.: Criminal Appeal No. 286 of 1968 Date of Judgment:1971-04-07 Reported As: 1972 P Cr. L J 51 Result: Appeal allowed JUDGMENT JUDGMENT The six appellants in this case were tried under sections 148, 302 and 307 read with section 149, P. P. C. by Sh. Bashir Ahmad, Additional Sessions Judge, Muzaffar Garh for causing the death of Muhammad Nawaz and making murderous assault on Wahid Bakhsh (P. W. 10), Ghulam Sarwar (P. W. 11) and Kalu (P. W. 12). Wahid Bakhsh P. W. is the father of the deceased. Kalu P. W. is married to the sister of Wahid Bakhsh and Sarwar is his sister's son. Barkhurdar appellant is the father of Khuda Bakhsh, Hashim Ali and Allah Ditta appellants. Nazar Hussain appellant is the son of Bahawal appellant who in turn is also related to Barkhurdar appellant. 2. The dispute arose about the turn of water between the parties on 30th April 1967 at about 7-45 in the evening. The turn of the accused party preceded that of the complainant party and Wahid Bakhsh (P. W. 10) had to take the turn of water from Bar khurdar appellant half a pehar after sunset on the night between Sunday and Monday. The turn of Wahid Bakhsh was to continue till midnight. Muhammad Nawaz deceased, the son of Wahid Bakhsh P. W. and Ghulam Sarwar P. W. had gone to divert the water to their land. At that time Nazar Hussain appellant asked Muhammad Nawaz deceased that he may be permitted to continue to…

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