SAEED AHMAD vs THE STATE AND Another — 1971 SCMR 774

Citation: 1971 SCMR 774

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-11-03

Parties: SAEED AHMAD vs THE STATE AND Another

Headnotes

Case cited as 1971 SCMR 774

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: SAEED AHMAD vs THE STATE AND Another Case No.: Criminal Appeal No. 119 of 1970 Criminal Revision No. 950 of 1969 Date of Judgment:1971-11-03 Reported As: 1971 SCMR 774 Result: Appeal dismissed Judgment ORDER SALAHUDDIN AHMED, J.-This appeal by special leave is from an order of the erstwhile High Court of West Pakistan, Lahore, accepting the revisional application of respondent No. 2, and directing that the cattle in question shall remain with respondent No. 2. It appears that on the complaint of respondent No. 2 Muhammad Ali, the appellant and ten other persons were tried under section 382 of the Pakistan Penal Code and finally acquitted. The 'complainant had alleged that the appellant and his companions, armed with firearms and other lethal weapons, 'trespassed into the house of the complainant and took away two buffaloes, 2 bullocks, young one of a buffalo and 7 goats that belonged to him. The defence of the appellant and his co-accused was that the complainant had owed a sum of Rs. 2,300 to the appellant and his father, and at the intervention of a Panchayat the aforesaid heads of cattle had been made over by the com--plainant to the appellant and his father on account of or in settle--ment of the said debt. Although the appellant and the co-accused were acquitted of the charge, the learned Magistrate refused to return the cattle to the appellant from whose…

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