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Citation: 1970 PCRLJ 956
Court: Lahore High Court
Year: 1969
Decision Date: 1969-10-15
Parties: MAHBOOB ILAHI vs GHULAM RASUL AND 5 OTHERS
Case cited as 1970 PCRLJ 956
Court Name: Lahore High Court Judge(s): Shoukat Ali Title: MAHBOOB ILAHI vs GHULAM RASUL AND 5 OTHERS Case No.: Criminal Revision No. 80 of 1969 Date of Judgment:1969-10-15 Reported As: 1970 P Cr. L J 956 Result: Petition dismissed JUDGMENT JUDGMENT Ghulam Rasul, Abdul Rashid, Ali Muhammad, Taju and Saida were convicted under section 448, P. P. C., and sentenced to suffer simple imprisonment for six months each by the S. D. M., Toba Tek Singh. An order was also passed under section 522, Cr. P. C., directing that the complainant should be put in possession of 1/4th of Ihata No. 81, regarding which the offence had been committed. The conviction and the sentence has been set aside on appeal by the learned Additional Sessions Judge, Lyallpur, and the order under section 522, Cr. P. C., has also been set aside. The complainant-petitioner has challenged the order of acquittal through this revision petition. 2. I have examined the file of this case carefully and heard the counsel for the parties. The finding of the learned Additional Sessions Judge is that Mahboob Ilahi was not actually occupying the Ihata in dispute and as he was shown in the revenue papers as one of the co-sharers to the extent of 1/4th, he might have engineered this complaint to secure immediate relief. The appellate Court also held that it did not appeal to reason that when the complainant was in occupation of the property in dispute since the creation of Pakistan, all of a sudden Ghulam Rasul and his…
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