ARBAB KHAN vs FAUJDAR AND 3 OTHERS — 1971 PLD 114

Citation: 1971 PLD 114

Court: Peshawar High Court

Year: 1971

Decision Date: 1971-03-12

Parties: ARBAB KHAN vs FAUJDAR AND 3 OTHERS

Headnotes

Case cited as PLD 1971 Peshawar 114

Judgment Text

Court Name: Peshawar High Court Judge(s): Bashir-ud-Din Ahmad Khan Title: ARBAB KHAN vs FAUJDAR AND 3 OTHERS Case No.: Criminal Revision No, 115 of 1969 Date of Judgment:1971-03-12 Reported As: PLD 1971 Peshawar 114 Result: Order accordingly JUDGMENT JUDGMENT Abdullah Jan (30), Faujdar (35) and Shahwali (28) were tried by the Additional District Magistrate, Kohat, for an offence under section 307 with the application of section 34, P. P. C. and were convicted to undergo rigorous imprisonment for a period of two years each. The convicted persons appealed and the Additional Sessions Judge, Kohat, set aside the conviction and ordered a retrial considering that it was imperative on the part of the accused to have specifically taken the plea of self-defence in their statements Under section 342, Cr. P. C. which they had not done, and further that blood was also found in the field of the Dairy Farm where jawar had been cultivated from which the learned Additional Sessions Judge concluded that possibility about the sheep having trespassed into the jawar field and the occurrence having taken place there could not be ruled out. He also referred to the circumstance that the question of seizure of animals by the accused and the right to rescue the sheep also required to be considered in order to determine the question whether the right of self-defence did or did not accrue to the convicted persons. Arbab Khan one of the injured persons had filed an application in revision for…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.