ALLAH BAKHSH vs THE STATE — 1971 PCRLJ 694

Citation: 1971 PCRLJ 694

Court: Lahore High Court

Year: 1970

Decision Date: 1970-01-09

Parties: ALLAH BAKHSH vs THE STATE

Headnotes

Case cited as 1971 PCRLJ 694

Judgment Text

Court Name: Lahore High Court Judge(s): Maulvi Mushtaq Hussain, Bashir-ud-Din Ahmad Title: ALLAH BAKHSH vs THE STATE Case No.: Criminal Appeal No. 63 of 1970 Date of Judgment:1970-01-09 Reported As: 1971 P Cr. L J 694 Result: Appeal allowed JUDGMENT JUDGMENT MUSHTAQ HUSSAIN MUNIR, J.-Allah Bakhsh ,(21) was tried by Mr. Rasool Bak'fsh Leghari, Additional Sessions Judge, Mianwali, under sections 302 and 394 of the Pakistan Penal Code for the murder of Ahmad Din deceased, committed by him jointly along with Shabbir Hussain Shah approver (P. W. 2) and voluntarily causing hurt to the deceased while robbing him 44 sheep. He was found guilty of both the charges and was sentenced to death under section 302 of the Pakistan Penal Code. He was also sentenced to three years' rigorous imprison--ment under section 394 of the Pakistan Penal Penal Code. However, the latter- sentence was directed to take effect in the case death sentence was not confirmed. In that eventuality, this sentence was to run concurrently with any other sentence awarded to him for the murder of the deceased. He has come up in appeal to this -.Court. His case is also before us under section 374 of the Code of Criminal Procedure for confirmation of the death sentence. This judgment shall dispo3e of appeal and as well as the murder reference. 2. Briefly stated the facts of the case are, that Ahmad Din deceased an old man of 75 years of age, resident of Tina Qureshi Wala dakhti Godla, used to go out every day to graze…

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