MOHAMMAD SHAFQAT vs THE STATE — 1971 PCRLJ 490

Citation: 1971 PCRLJ 490

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: MOHAMMAD SHAFQAT vs THE STATE

Headnotes

Case cited as 1971 PCRLJ 490

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan Title: MOHAMMAD SHAFQAT vs THE STATE Case No.:Criminal Revision No. 1290 of 1969 Petition for Special Leave to Appeal No. 2 JUDGMENT Reported As: 1971 P Cr. L J 490 Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner along with his brother Akhtar was convicted under section 326/34 of the Pakistan Penal Code and sentenced to three years' rigorous imprisonment as also a fine of Rs. 200 or in default a further to months' rigorous imprisonment. On appeal the Additional Sessions Judge, Lahore acquitted Akhtar but maintained the conviction and sentence of the petitioner. The petitioner went up in revision to the High Court but a learned Single Judge of the High Court of West Pakistan at Lahore refused to interfere. He now seeks special leave to appeal. The case against the petitioner was that on the 1st July 1968, he and his brother had attacked one Riazui Hassan with a chhuri when the latter had gone to the tap outside the Railway Quarters to fetch drinking water. Mohammad Saleem, who was at that the staying with his brother Abid Hussain, a Railway Fireman, in the Railway Quarters, went to the rescue of Riaz on hearing his outcreis. Riazul Hassan it appears, was also then staying in the house of Abid Hussain with him. This was at about 6-05 p.m. Saleem saw the petitioner and his brother quarrelling with Riazul Hassan. The petitioner was armed with a chhuri. His…

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