GULZAR AND 2 Others vs The STATE — 1970 SCMR 603

Citation: 1970 SCMR 603

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-03-26

Parties: GULZAR AND 2 Others vs The STATE

Headnotes

Case cited as 1970 SCMR 603

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title: GULZAR AND 2 Others vs The STATE Case No.:Criminal Appeal No. 55 of 1969 Petition for Special Leave to Appeal No. 32-P of 1969 Date of Judgment:1970-03-26 Reported As: 1970 SCMR 603 Result: Leave refused Judgment ORDER WAHIDUDDIN AHMAD, J.--The three petitioners Gulzar, Mir Muhammad and Shan Muhammad alias Shana were tried under section 326/34, P. P. C. For cutting the nose of Bostan. The learned Magistrate, First Class, Abbottabad by judgment dated the 31st March 1969, convicted all the three petitioners to undergo rigorous imprisonment for five years each and to pay a fine of Rs. 200 each. In case of default in payment of fine, each of them have to undergo rigorous imprisonment for another one year. 3/4th of the fine is to be disbursed to Bostan by way of compensa--tion. The petitioners challenged this order in Criminal Appeal No. 55 of 1969, in the High Court of West Pakistan, Peshawar Bench, but their conviction was upheld by judgment dated the 12th August 1969. The petitioners seek special leave to file an appeal against the said order of the High Court. The prosecution case is that on the 12th December 1968, Bostan son of Peer Khan aged 22 years accompanied by his two minor brothers Sultan and Makhana, residents of village Gorhi Dakhli Dabran of the Nara Police Station, went out to the jungle in the morning for bringing fuel. They returned to their house without bringing fuel but…

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