SHARIF And 3 Others vs The STATE — 1972 PCRLJ 94

Citation: 1972 PCRLJ 94

Court: Lahore High Court

Year: 1970

Decision Date: 1970-10-23

Parties: SHARIF And 3 Others vs The STATE

Headnotes

Case cited as 1972 PCRLJ 94

Judgment Text

Court Name: Lahore High Court Judge(s): Ghulam Safdar Shah Title: SHARIF And 3 Others vs The STATE Case No.: Criminal Revision No. 672 of 1969 Date of Judgment:1970-10-23 Reported As: 1972 P Cr. L J 94 Result: Petition accepted JUDGMENT JUDGMENT The four applicants in this case were tried for offences under sections 379 and 447, P. P. C. by the Second Class Magistrate, Gujrat for having cut certain trees from the land of the complainant and thereafter misappropriating them. As a result of their convic tion each one of the applicants was sentenced to three months' rigorous imprisonment under section 379, P. P. C. and one month's rigorous imprisonment under section 447, P. P. C. and to pay a fine of Rs. 100 and in default to further rigorous imprisonment for one month. Their appeal against these convictions and sentences was dismissed by the Additional District Magistrate, Gujrat. By this revision application they have challenged the impugned judgment. 2. In support of its case the prosecution examined a number of witnesses, but according to the learned counsel for the parties the relevant evidence in the case is that of complainant Nadir Khan, P. W. Hadi Hussain Girdawar and P. W. 6 Muhammad Aslam Patwari. The reason for which the evidence of these witnesses appears to be decisive is that according to the defence version as suggested to the P. Ws. in cross-examination, the applicants claimed to be the owners of the trees which they had allegedly cut from the land of the…

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