ALI AHMAD vs The STATE Case No — 1970 SCMR 620

Citation: 1970 SCMR 620

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: ALI AHMAD vs The STATE

Headnotes

Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner was convicted under section 430 of the Pakistan Penal Code and sentenced to pay a fine of Rs.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan Title: ALI AHMAD vs The STATE Case No.:Criminal Revision No. 1152 of 1969 Petition for Special Leave to Appeal No. 34 JUDGMENT Reported As: 1970 SCMR 620 Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner was convicted under section 430 of the Pakistan Penal Code and sentenced to pay a fine of Rs. 1,000 or in default to suffer rigorous imprison--ment for one year. The learned Sessions Judge, Sialkot upheld this conviction in appeal but reduced the sentence to Rs. 500 or in default rigorous imprisonment for six months. The petitioner went up in revision to the High Court but the High Court dismissed his revision petition. He now seeks special leave to appeal to this Court. The petitioner was charged for having committed mischief by raising a wall round a well which, it was alleged, was meant for irrigation purposes and thereby deprived the local Zamindars of their supply of water for agricultural purposes. The plea of the petitioner was that this well was situated inside a haveli which had been allotted to him as an evacuee property, and, as such, the local Zamindars had no right to draw any water from this well. In any event, whatever the petitioner had done was done in assertion of a bona fide claim of right and not with any wrongful motive of causing any loss or damage to any one. The Courts below on a consideration of the evidence have come to the conclusion…

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