RAHIM BAKHSH vs THE STATE - — 1971 PCRLJ 269

Citation: 1971 PCRLJ 269

Court: Lahore High Court

Year: 1970

Decision Date: 1970-03-04

Parties: RAHIM BAKHSH vs THE STATE -

Headnotes

Case cited as 1971 PCRLJ 269

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Fazle Ghani Khan, Muhammad Afzal Khan Title: RAHIM BAKHSH vs THE STATE - Case No.: Criminal Appeal No. 496 of 1967 Date of Judgment:1970-03-04 Reported As: 1971 P Cr. L J 269 Result: Appeal accepted JUDGMENT JUDGMENT MUHAMMAD AFZAL KHAN, J.--Rahim Bakhsh (55), resident al Rakh Chhabri Zerin, was convicted on the 25th July 1967 by the Sessions Judge, Dera Ghazi Khan, under section 302, P. P. C. For the murder of Haji (40 or 45) alleged to have been committed by him on the 17th July 1966, at about 9-00 a. m, in the area of Chah Mali Wala by strangulating, and was sentenced to transpor--tation for life. He preferred this appeal to have his conviction and sentence set aside. 2. The prosecution case, briefly stated, is as follows :-- Haji resident of Jhok Yar Shah had to bring a beam of wood Wahid Bakhsh Arain of Chah Mali Wala Dakhli, Rakh chhabri Zerin to his own village. For this purpose he started from his village, riding a she-ass. He was accompanied by his maternal uncle Mahmud (P. W. 2) and nephew, Hussain Bakhsh (P. W. 3). In the course of the journey, the party was going along the eastern bank of Nur Wah Canal. As they reached in the vicinity of Chah Mali Wala, they overtook Rahim Bakhsh appellant, who was leading his camel laden with fodder. Haji and his party wanted to by-pass him and demanded the right of way. The appellant retorted saying that the way did not belong to their mother. Haji returned the retort saying…

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