BACHCHU Alias BOCHA Alias BADRUL ALAM vs The STATE Case No — 1970 SCMR 828

Citation: 1970 SCMR 828

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: BACHCHU Alias BOCHA Alias BADRUL ALAM vs The STATE

Headnotes

Result: Petition dismissed Judgment JUDGMENT M. KHAN, J.-The petitioner Bachchu along with Kona Shamsher Ali, Nawab Ali and Jabbar Ali, was placed on trial for an offence and section 396 of the Pakistan Penal Code, The learned Sessions Judge, Rangpur found all these person; except Jabbar Ali to be guilty of the offence of dacoity with murder and convicted them under section 396 of the Penal Code and sentenced them to rigorous imprisonment for ten years, each.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan Title: BACHCHU Alias BOCHA Alias BADRUL ALAM vs The STATE Case No.:Criminal Appeal No. 225 of 1966 Criminal Appeal No. 290 of 1 Petition for JUDGMENT Reported As: 1970 SCMR 828 Result: Petition dismissed Judgment JUDGMENT M. R. KHAN, J.-The petitioner Bachchu along with Kona Shamsher Ali, Nawab Ali and Jabbar Ali, was placed on trial for an offence and section 396 of the Pakistan Penal Code, The learned Sessions Judge, Rangpur found all these person; except Jabbar Ali to be guilty of the offence of dacoity with murder and convicted them under section 396 of the Penal Code and sentenced them to rigorous imprisonment for ten years, each. On appeal, the learned Judges of a Division Bench of the High Court acquitted Nawab Ali, but maintained tile convictions and sentences of the remaining accused persons including Bachchu. Bachchu alone has made the present petition for special leave to appeal against the judgment and order of the High Court. The prosecution case was that a dacoity was committed in the house of Karamatullah (P. W. 1) on the night following the 19th April 1964. After mid-night, Karamatullah were up on receiving a blow on his head. He saw two dacoits standing at the door of his hut. Of them, one had a gun and a burning mashal in his hand and the other had a lathi and a burning mashal. The dacoits numbering 7 or 8 entered the .Hut of Karamatullah's son and beat him, They broke…

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