ZAFRULLAH And Others vs The STATE — 1960 PLD 64

Citation: 1960 PLD 64

Court: Lahore High Court

Year: 1971

Decision Date: 1971-11-15

Parties: ZAFRULLAH And Others vs The STATE

Headnotes

Case cited as PLD 1960 Kar. 64

Judgment Text

Court Name: Lahore High Court Judge(s): Ataullah Sajjad Title: ZAFRULLAH And Others vs The STATE Case No.: Criminal Revision No. 94 of 1971 Date of Judgment:1971-11-15 Reported As: 1972 P Cr. L J 734 Result: Revision allowed JUDGMENT JUDGMENT The fourteen petitioners along with one Nasrullah were convicted by the order of Raja Muhammad Ayyub Khan, a Magistrate exercising powers under section 30 of the Criminal Procedure Code, on 27th of April 1964, under sections 148 and 307/149, P. P. C. and were sentenced to undergo rigorous imprisonment for one year each on the first count and three years' rigorous imprisonment each on the second. On appeal, Mr. K. M. A. Samdani, the learned Sessions Judge, Sialkot, found that provisions of section 191 of the Criminal Procedure Code had not been complied with in respect of Buta and Ghulam i Muhammad petitioners who were not initially challaned by the police but were summoned by the learned Magistrate during the trial. The leamed Sessions Judge found that the trial had been vitiated because of the omission of the learned Magistrate to comply with the above provisions of law. He, therefore, allowed the appeal, set aside the conviction of all the appellants before him and ordered the retrial of all the accused in view of Pokhar Das Ganga Ram v. Emperor (1). The case was then heard by Mr. Saeed Iqbal Shami. During this trial, Nasrullah the co-accused of the petitioners died. The evidence had been recorded afresh and the petitioners after…

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