| Case ID |
df71a99f-39a0-46f2-98ab-89fb91b46c9d |
| Body |
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| Case Number |
Criminal Appeal No. 294 of 1958 |
| Decision Date |
Jun 04, 1958 |
| Hearing Date |
|
| Decision |
The Lahore High Court upheld the conviction of the accused under sections 147, 325/149 of the Pakistan Penal Code, affirming that they had formed an unlawful assembly with the common objective of forcibly taking possession of the shops in Wahid Market. The Court found that the accused had committed rioting and had caused grievous hurt to Seth Miraj Din, leading to his death. The appeals were partially allowed, resulting in a modification of sentences for some of the accused, while acquitting one due to lack of evidence supporting his involvement in the crime. |
| Summary |
In this significant case from 1958, the Lahore High Court addressed serious charges involving unlawful assembly and grievous bodily harm. The case revolved around the events of December 31, 1956, when a group of accused allegedly attempted to forcibly take possession of shops owned by the deceased, Seth Miraj Din. The Court meticulously analyzed the evidence presented, including witness testimonies and medical reports, to establish the sequence of events leading to the tragic outcome. The legal principles surrounding the Criminal Procedure Code and the Pakistan Penal Code were central to the Court's reasoning. The judgment highlighted the importance of lawful possession and the consequences of mob actions in civil disputes. The outcome reaffirmed the judiciary's role in upholding justice while navigating the complexities of criminal law, making it a landmark decision in the realm of criminal jurisprudence. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
A. R. CHANGEZ, J
|
| Lawyers |
Mahmud Ali for Appellants,
Mushtaq Ahmad, A.A.G. for Respondent,
Jan Hussain for Complainant
|
| Petitioners |
SHAMASUDDIN and others
|
| Respondents |
THE STATE
|
| Citations |
1958 SLD 81,
1958 PLD 871
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code (XLV of 1860)
|
| Sections |
210,
213,
227,
350 (1) (a),
322,
442
|