ALI HUSSAIN vs THE STATE AND 3 OTHERSs — 1963 PLD 442

Citation: 1963 PLD 442

Court: Lahore High Court

Year: 1970

Decision Date: 1970-06-05

Parties: ALI HUSSAIN vs THE STATE AND 3 OTHERSs

Headnotes

Case cited as PLD 1963 Lah. 442

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Munir Farooqi Title: ALI HUSSAIN vs THE STATE AND 3 OTHERSs Case No.: Criminal Revision No. 705 of 1969 Date of Judgment:1970-06-05 Reported As: 1971 P Cr. L J 1222 Result: N/A JUDGMENT JUDGMENT Ali Hussain is a petitioner in a complaint case originally registered under sections 307/34 and 452/34, P. P. C., but the learned Magistrate, after recording the material prosecution evidence, framed a charge under sections 452/34 and 308/34, P. P. C., Feeling aggrieved by it he moved an application under section 435, Cr. P. C. Questioning the correctness of this order which was dismissed by Sheikh Ijaz Nisar, Additional Sessions Judge, Lahore, on the 26th of May 1969. He has accordingly approached this Court under section 439; Cr. P: C., for the revision of same on the ground that the trial Court had failed to appreciate the evidence on record. 2. The prosecution, case, in brief is that respondents Nos., 2. To 4, in furtherance of their common intention, committed criminal trespass in the house of the petitioner when. Nasir Ali caught hold of him and Noor Muhammad, on the exhortation of Safdar Ali, inflicted a knife blow on the lower part of his abdomen near the route of the genital organ measuring --' x --" and was declared simple by the doctor vide, medico-legal report Exh. P. C. 3. The learned counsel for the petitioner contended that on the allegations made against the respondents the offence fell under section 307, P. P. C.,…

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