BAHAR KHAN And 2 Others vs The STATE — 1972 PCRLJ 411

Citation: 1972 PCRLJ 411

Court: Lahore High Court

Year: 1971

Decision Date: 1971-09-14

Parties: BAHAR KHAN And 2 Others vs The STATE

Headnotes

Case cited as 1972 PCRLJ 411

Judgment Text

Court Name: Lahore High Court Judge(s): Aslam Riaz Hussain, Sardar Muhammad Iqbal Title: BAHAR KHAN And 2 Others vs The STATE Case No.: Criminal Appeal No. 198 of 1968 Date of Judgment:1971-09-14 Reported As: 1972 PCr. L J 411 Result: Appeal partly accepted JUDGMENT JUDGMENT Sardar Muhammad Iqbal, J.--Bahar Khan was convicted by the learned Sessions Judge, Mianwali, under section 302 of the Pakistan Panal Code and sentenced to transportation for life by his order dated the 9th of March 1968. Muhammad Iqbal and Abdul Ghafoor appellants were both convicted under section 323/34, P.P.C. and sentenced to fine of Rs. 100.00 each, in default whereof, they were to undergo three months' rigorous imprisonment each. 2. The prosecution case briefly is that Khuda Dad deceased and Khaliq Dad were attacked near their house at about Iftar time (it was the month of Ramazan) on the 26th of December 1966 by the appellants, Bahar Khan, Abdul Chafoor and Muhammad Iqbal, armed with sotas. They, on seeing them, came out of their house. Ghafoor gave Khaliq Dad a sota blow on his right arm and Muhammad Iqbal gave him another blow on the left arm. Bahar Khan gave a sota blow to the deceased which hit him on the left side of the head and he fell down. Mst. Hayat Bibi P. W., Allah Dad and Ahmad Nawaz P. Ws., saw the occurrence. Khuda Dad was carried to his house where he died at Sehriwela on the 27th of December 1966. 3. There was no previous enmity between the parties but on the morning of the 26th…

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