THE STATE vs FAZAL AHMAD AND Anothers — 1970 PCRLJ 633

Citation: 1970 PCRLJ 633

Court: Peshawar High Court

Year: 1970

Decision Date: 1970-02-27

Parties: THE STATE vs FAZAL AHMAD AND Anothers

Headnotes

Case cited as 1970 PCRLJ 633

Judgment Text

Court Name: Peshawar High Court Judge(s): Sher Bahadur Khan, Shah Zaman Babar Title: THE STATE vs FAZAL AHMAD AND Anothers Case No.: Criminal Appeal No. 30 of 1966 Date of Judgment:1970-02-27 Reported As: 1970 P Cr. L J 633 Result: Appeal dismissed JUDGMENT JUDGMENT SHER BAHADUR KHAN, J.--This is a State appeal under section 417, Criminal Procedure Code against the order dated 30 September passed by Agha Muhammad. Ali Shah, Magistrate 1st Class empowered under section 30, Cr. P. C., Haripur, whereby he acquitted Fazal Ahmad anal Ali Ahmad son of Karam Elahi, residents of village Dobatuli, Police Station Khanpur, Tehsil Haripur, District Hazara, of the charge under section 3(17/34, P. P. Code. 2. The brief facts leading to the appeal are that during the night 22-7-1965 the two brothers Dildar Hussain Shah (P. W. 4) and Hubdar Hussain Shah (P. W. 5) were sleeping in the court--yard of their baithak in their home village Dobandi. It was at about 11-30 p.m. That on the barking of a dog Dildar Hussain Shah got up and saw two persons standing near him. He enquired of them as to who they were. On this enquiry, Ali Ahmad respondent lit his torch which he had with him at that time and said, "he is Dildar Hussaiu kill hint". The torch light was thrown on the face (if Dildar Hussain Shah, who placed his hand on his forehead with the palm of the hand facing outside and he remained lying on the cot. Fazal Ahmad then fired at him with his pistol and hit him on the palm of his left hand,…

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