MUHAMMAD WAZIR vs The STATE — 1970 SCMR 779

Citation: 1970 SCMR 779

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: MUHAMMAD WAZIR vs The STATE

Headnotes

Case cited as 1970 SCMR 779

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Mujibur Rahman Khan Title: MUHAMMAD WAZIR vs The STATE Case No.:Criminal Appeal No. 759 of 1965 Petition for Special Leave to Appeal No. 70 JUDGMENT Reported As: 1970 SCMR 779 Result: Leave refused Judgment JUDGMENT M. R. KHAN, J.--The petitioner who was a Forest Guard, Muzzaffargarh was tried on a charge under section 409 of the Pakistan Penal Code read with section 5(2) of the Prevention of Corruption Act, 1,947. His co-accused Ahmad Bakhsh was tried along with him on a charge of theft and abetment of criminal misappropriation. The Special Judge Anti-Corruption, Multan, convicted the petitioner and sentenced him to rigorous imprisonment for one year. Ahmad Bakhsh was convicted under section 409 read with section 109 of the Pakistan Penal Code and sentenced to pay a fine of Rs. 100. The petitioner preferred an appeal in the High Court of West Pakistan, Lahore, against his conviction and sentence but Ahmad Bakhsh did not file any appeal. A learned Single Judge of the High Court dismissed the appeal on merits. The charge against the petitioner was that he and his co-- accused cut a large branch of a shisham tree standing on the Multan-Muzzaffargarh Road, transported that branch on a donkey-- cart of P. W. 4 Ghulam Qadir to the saw-mill of P. W. 5 Habib. Having come to know of this incident, the police went to the saw-mill and seized the timber, but the two accused made good their escape in the meantime.…

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