FALAK SHER vs THE STATE — 1962 PLD 397

Citation: 1962 PLD 397

Court: Peshawar High Court

Year: 1971

Decision Date: 1971-02-15

Parties: FALAK SHER vs THE STATE

Headnotes

Case cited as PLD 1962 SC 397

Judgment Text

Court Name: Peshawar High Court Judge(s): Bashir-ud-Din Ahmad Khan Title: FALAK SHER vs THE STATE Case No.: Criminal Appeal No, 72 of 1970 Date of Judgment:1971-02-15 Reported As: PLD 1971 Peshawar 108 Result: Appeal accepted JUDGMENT JUDGMENT Falak Sher (32), Andlip (32) and Amir Bakshah (55) were tried for offences under sections 419, 420, 468 and 471, P. P. C. by Mr. Niamat Ullah Khan, Section 30 Magistrate, Bannu, who convicted and sentenced them as below: Falak Sher and Amir Badshah under section 471/114, P. P. C. to undergo rigorous imprisonment for a period of seven years each; and Andalip to undergo rigorous imprisonment for a period of seven years under section 471, P. P. C. The accused were, however, acquitted of the charge under section 420/1 I4, P. P. C. 2. Falak Sher and Andalip filed separate appeals questioning the correctness of their conviction and the sentences. This judgment will dispose of both the appeals together. 3. Shortly stated, the facts of the case are that Andalip filed a declaratory suit on 3rd January 1967 in the Court of the Senior Civil Judge, Bannu, that he was owner by purchase of land measur-ing 444 kanals and 13 marlas, situate in village Nar Faqir Muham-mad Masoom,Bannu, from one Abdul Baqi in lieu of Rs, 97,823.00. On 4th January 1967 a deed of compromise, Exh. P. P., was filed and the suit was decreed. On April 1, 1967, a complaint Exh. P. A/1 was filed by Kamal-ud-Din (P. W. 2) in the Court of the District Magistrate, Bannu, who…

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