MUHAMMAD AFZAL, vs THE CROWN — 1970 SCMR 204

Citation: 1970 SCMR 204

Court: Supreme Court of Pakistan

Year: 1953

Decision Date: 1953-02-06

Parties: MUHAMMAD AFZAL, vs THE CROWN

Headnotes

Case cited as 1970 SCMR 204

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Sir Abdul Rashid, Alvin R. Cornelius, A. S. M. Akram Title: MUHAMMAD AFZAL, vs THE CROWN Case No.: Criminal Appeal No. 2 of 1953 Criminal Appeal No. 221 of 1952 Date of Judgment:1953-02-06 Reported As: 1970 SCMR 204 Result: Appeal dismissed JUDGMENT JUDGMENT ABDUL RASHID, C. J.-This is an appeal, by special leave, from a decision of the High Court of Judicature at Lahore affirming the conviction of the appellant under section 304. Part II of the Pakistan Penal Code, and sentence of seven years' rigorous imprisonment awarded to him by the Sessions Judge of Mianwali. The material facts of the case may be shortly stated. On the afternoon of the 25th July, Jana (P. W. 8) was given a beating by Muhammad Afzal appellant. He went to the police station, and made a report. On his return from the police station, he went to the shop of Abdul Majid and his partner Ata Ullah. Ata Muhammad deceased was present at this shop. Jana told these three persons that Afzal appellant had given him a beating., They all sympathized with him. Ata Muhammad deceased sent for Yaqub, brother of Afzal appellant and told him of the occurrence. An altercation took place between Ata Muhammad and Yaqub Khan. Ata Muhammad took hold of Yaqub Khan from his hair, and the latter retaliated by catching hold of Ata Muhammad's hair. The other persons present caught hold of Yaqub Khan and gave him one or two slaps. He raised an alarm and asked his brother Afzal for…

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