ZULFIQAR AND Another vs THE STATE — 1970 PCRLJ 47

Citation: 1970 PCRLJ 47

Court: Supreme Court of Pakistan

Year: 1958

Decision Date: 1958-03-20

Parties: ZULFIQAR AND Another vs THE STATE

Headnotes

Case cited as 1970 PCRLJ 47

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Alvin R. Cornelius, Muhammad Sharif, Amir-Ud-Din Ahmad Title: ZULFIQAR AND Another vs THE STATE Case No.: Criminal Appeal No. 43 of 1957 Date of Judgment:1958-03-20 Reported As: 1970 P Cr. L J 47 Result: Appeal partly accepted JUDGMENT JUDGMENT MUHAMMAD SHARIF, J.-This is an appeal under Article 159(a) of the Constitution against the judgment and order of the High Court of West Pakistan, Lahore, dated the 13th June 1957 setting aide on appeal by the State the order of acquittal of the appellants by the trial Court and convicting them of an offence under section 396, Pakistan Penal Code, and sentencing each of them to transportation for life. Shortly after sunsent on 16th of April 1954, in Chak No. 56/KB a daring dacoity was committed in the house of Muhammad Bakhsh Lambardar. He himself was not present at the time, but his brother Hakim (P. W. 12) was in his residential quarter both the brothers were living in one enclosure. Three of the dacoits carried fire-arms one took his stand on the roof of the kotha, the other remained in the courtyard and the third stood guard in the Gali to the West. Some shots were fired in the air presumably to terrify the villagers and to keep them away. On hearing the reports of the gunshots Muhammad Bakhsh, who happened to be with the patwari of the village in the company of some other villagers, rushed towards his house. They kept watching while the dacoits ransacked the houses and took away…

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