LAL KHAN AND Another vs SARKAR — 1952 PLD 388

Citation: 1952 PLD 388

Court: High Court of Azad Jammu and Kashmir

Year: 1971

Decision Date: 1971-09-28

Parties: LAL KHAN AND Another vs SARKAR

Headnotes

Case cited as PLD 1952 Lah. 388

Judgment Text

Court Name: High Court of Azad Jammu and Kashmir Judge(s): Khawaja Muhammad Sharif, Khawaja Muhammad Yousaf Saraf Title: LAL KHAN AND Another vs SARKAR Case No.: Criminal Appeal No. 29 of 1970 Date of Judgment:1971-09-28 Reported As: PLD 1972 Azad J & K 1 Result: Order accordingly Judgment ORDER KHAWAJA MUHAMMAD SHARIF, C. J.---The appeal of the accused was argued by Mr. Mahmood Ali Kasuri and arguments in the appeal concluded on 21-9-1971. We decided to inspect the spot on 24-9-1971. After inspection of the spot white discussing the case amongst ourselves we thought it fit to take additional evidence for the clarification of a point involved in the appeal. It was the prosecution case. Even in the F. I. R. It is written, that Adam deceased left his house on 15-5-69 for Jari Kas and that the land of Lal and Razzaq fell in the way. At the trial, Mst. Bivi P. W. The mother of Aslam deceased stated that when Mst. Fatima her daughter-in-law and wife of the deceased, saw the accused killing the deceased and raised a hue and cry from the `Tekari', she (Mst. Bivi) also went to the spot and saw the accused running away from the scene of occurrence and she further observed that the accused had been tilling their lands and the bullocks with the plough were still present near the scene of occurrence. Mr. Kasuri argued that there was no basis for this part of the prosecution case that the accused had lands near the place of occurrence and that their presence on the spot was likely,…

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