WAZID MORAL Alias WAZID ALI AND 13 OTHERS THE STATE AND WAZID MORAL — 1970 PCRLJ 652

Citation: 1970 PCRLJ 652

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Petitioner: WAZID MORAL Alias WAZID ALI AND 13 OTHERS THE STATE AND WAZID MORAL JUDGMENT

Headnotes

Case cited as 1970 PCRLJ 652

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Abdus Sattar, Hamoodur Rahman, Mujibur Rahman Khan Title:WAZID MORAL Alias WAZID ALI AND 13 OTHERS THE STATE AND WAZID MORAL JUDGMENT Reported As: 1970 P Cr. L J 652 Result: Order accordingly Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-These two appeals by special leave arise out of the same judgment of a Division Bench of the High Court of East Pakistan by which two appeals against convictions recorded in two criminal cases arising out of the same incident and a revision against the acquittal of some of the accused were analogously heard and disposed of. The incident occurred on the 15th July 1962, in or near `J. L. No. 73 of Union Council No: 8 of Mitragaon village within Police Station Chhatak in the District of Sylhet. In respect of this incident two prosecutions were launched, the first on the basis of a First Information Report lodged by one Mafir Ali on the same day at 7 p.m. At Chhatak Police Station, charging the appellant Wazid Ali Moral, his son, two of his brothers, two of his nephews and some 15 others, with offences under sections 148, 302 and-324 of the Pakistan Penal Code. According to this report the incident took place at about noon, over the cutting of the village gopat (cattle track) running East to West and adjoining the lands of the said Wazid Ali Moral on the north. Mafiz Ali, the complainant, alleged that when they saw Wazid Moral and his companions cutting earth from the public path, he and his paternal…

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