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Citation: 1971 PCRLJ 107
Court: Lahore High Court
Year: 1970
Decision Date: 1970-06-11
Parties: MASHOOQ HUSSAIN vs THE STATE
Case cited as 1971 PCRLJ 107
Court Name: Lahore High Court Judge(s): Maulvi Mushtaq Hussain Title: MASHOOQ HUSSAIN vs THE STATE Case No.: Criminal Miscellaneous No. 1707 of 1970 Date of Judgment:1970-06-11 Reported As: 1971 P Cr. L J 107 Result: Petition dismissed Judgment ORDER In an occurrence, which took place at Sangla Hill, in- the District of Sheikhupura, on 27th August 1969; at 3-00 p.m., one Sadiq Hussain is said to have been injured at the hands of the petitioner and his co-accused Muhammad Akram. The petitioner had a stick, whereas, Muhammad Akram was armed with a knife. The petitioner did not use the stick. He is alleged to have caught hold of Sadiq Hussain, when the latter was given knife blows by Muhammad Akram. 2. Report of the occurrence was lodged by the injured person himself, when his statement was recorded by Ghulam Sarwar Khan, Station House Officer, Sangla Hill, in the Civil Dispensary. 3. The injured person died on 30th August 1969. 4. The petitioner and his co-accused have been committed to stand trial in the Court of Session under section 302 read with section 34 of the Pakistan Penal Code. 5. It is contended by the learned counsel for the petitioner that the fatal injury was given to the deceased by Muhammad Akram and not by the petitioner. The latter has been involved on account of enmity. It is also contended that no prima facie case has been made out against the petitioner. His last conten--tion was that the mere existence of an order of commitment for trial cannot be…
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