FAZAL AND 5 Others vs The STATE — 1970 SCMR 525

Citation: 1970 SCMR 525

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-01-07

Parties: FAZAL AND 5 Others vs The STATE

Headnotes

Case cited as 1970 SCMR 525

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: FAZAL AND 5 Others vs The STATE Case No.: Criminal Petition for Special Leave to Appeal No. K-28 of , 1969 Date of Judgment:1970-01-07 Reported As: 1970 SCMR 525 Result: Leave refused Judgment ORDER WAHIDUDDIN AHMAD, J.-The petitioners were tried for offences under sections 452/149, 307/149 and 366/149, P. P. C. By the Sessions Judge, Sukkur. They were convicted on the 12th April 1967, under section 452/149, P. P. C. And sentenced to suffer rigorous imprisonment for three years each and also to pay a fine of Rs. 500 or in default to suffer rigorous imprisonment for six months. Their sentence was upheld by a learned Single Judge of the High Court in Criminal Appeal No. 125 of 1967, by order dated the 11th August 1969. The case of the prosecution against them is that the peti--tioners, out of whom, two were armed with lathis and one with pistol, entered the house of Sultan in village Khan Goth and forcibly carried away Mst. Beeban, the were of Sultan, on the 7th December 1965 at Somani time. It is alleged that Mst. Beeban raised alarm which attracted P. W. Macha, brother-in-law of Mst. Beeban and some other villagers including P. W. Ayub. They chased the petitioners. Fazal, one of the petitioners, fired towards them with pistol which hit P. W. Ayub in his leg. The chase was given up and the petitioners. Took away Mst. Beeban in a jeep which was parked on the road at some distance…

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