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Citation: 1972 SCMR 460
Court: Supreme Court of Pakistan
Year: 1971
Decision Date: 1971-12-31
Parties: SHER AND 4 Others SHERA AND 3 Others vs THE STATE THE STATE
Case cited as 1972 SCMR 460
Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Sajjad Ahmad Jan Title: SHER AND 4 Others SHERA AND 3 Others vs THE STATE THE STATE Case No.:Criminal Appeal No. 20 and Jail Appeal No. 21 of 1972 Criminal Appeal No. JUDGMENT Reported As: 1972 SCMR 460 Result: Appeals dismissed Judgment JUDGMENT SALAHUDDIN AHMED, J.-These two appeals by special leave of this Court are from the order of the Lahore High Court, dismissing the appellants' appeal from their conviction and sentences under section 302/149 of the Pakistan Penal Code on two counts of murder and under sections 148 and 324/149, P. P. C. Appeal No. 20 of 1972 is by five convicts while Jail Appeal No. 21 of 1972 is by four convicts only as Nazir son of Sadique did not join in the Jail Appeal. The motive for the crimes was that four years before the occurrence appellant Sadiq was beaten by A.I Ahmad deceased, who was prosecuted for the same but was acquitted. The occurrence took place after khuftan on the night between 4/5th August 1966. It was a moon-lit night. P. W. 14, Mian Khan went to the `Behk' of his cousins A.I Ahmad and Akbar (both deceased) to borrow bullocks from them for ploughing his land. Sometime after he had sat with them and started smoking, all the five appellants armed with spears, emerged from a Bajra field situated towards the south of the `Behk' and gave a `lalkara'. P. W. Mian Khan and his two cousins ran in the north-western direction towards the Rajbah hotly…
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