SHAMAN vs The STATE — 1972 PCRLJ 400

Citation: 1972 PCRLJ 400

Court: Lahore High Court

Year: 1971

Decision Date: 1971-10-11

Parties: SHAMAN vs The STATE

Headnotes

Case cited as 1972 PCRLJ 400

Judgment Text

Court Name: Lahore High Court Judge(s): Sheikh Anwarul Haq, Saad Saood Jan Title: SHAMAN vs The STATE Case No.: Criminal Appeal No. 57 of 1968 Date of Judgment:1971-10-11 Reported As: 1972 P Cr. L J 400 Result: Appeal dismissed JUDGMENT JUDGMENT Anwarul Haq, C. J.--The appellant Shaman has been con victed under section 302, P. P. C. by the learned Sessions Judge at Gujranwala, and sentenced to undergo transportation for life for causing the death of his co-villager Shera son of Jawaya. The incident occurred at about 8 or 9 a.m. on the 12th April 1966 in a field of the appellant situate in village Bhobra in the jurisdiction of Police Station, Sukheki. The matter was reported at the Police Station, at a distance of 5 miles at 12- 45 p.m. the same day by Yara (P. W. 2), who is a paternal uncle of the deceased. The first information report was recorded by A. S. I. Bashir Ahmad (P. W. 10). 2. The facts are very simple. At the relevant time the deceased Shera was grazing cattle in the fields adjoining that of the appellant. One of the buffaloes strayed into the field of the appellant, whereupon the appellant who was working in another lield 4 or 5 killas away, rushed toward abusing the deceased. It is stated that the deceased immediately started driving away the buffalo from the appellant's field but the appellant caught up with him aud . ? a blow on the head of the deceased with the blunt side of the hatchet which the appellant was carrying at that time. On receiving the blow…

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