Qazi RAHMAN GUL vs The STATE — 1970 SCMR 755

Citation: 1970 SCMR 755

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-03-26

Parties: Qazi RAHMAN GUL vs The STATE

Headnotes

Case cited as 1970 SCMR 755

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title: Qazi RAHMAN GUL vs The STATE Case No.: Petition for Special Leave to Appeal No. 3-P of 1970 Date of Judgment:1970-03-26 Reported As: 1970 SCMR 755 Result: Petition dismissed JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner in this case was tried along with another person on a charge under section 307/34 of the Penal Code by a Section 30 Magistrate who acquitted them both on the 23rd July 1969. On an appeal against acquittal by the State the High Court set aside the acquittal of the present petitioner, convicted him under section 308, P. P. C. And sentenced him to rigorous imprison--ment for one year as also to a fine of Rs. 500 or in default further rigorous imprisonment for six months. The acquittal of the co---accused was, however, maintained. The petitioner now seeks special leave to appeal to this Court. The. Prosecution case against the petitioner was that on the 22nd August 1965, at about 7-30 p.m. He was found grappling with one Gut Ahmad (P. W. 6) while armed with a pistol. The Station House Officer, Hashnagri Police Station actually came upon the scene and with the assistance of two persons who were present at the place, disarmed the petitioner and arrested him. Gul Ahmad (P: W. I) then reported to the S. H. O. That the children of the petitioner had broken one of the glass-panes of a window of his house by pelting stones. He protested to the petitioner and requested…

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