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Citation: 1961 PLD 561
Court: Lahore High Court
Year: 1971
Decision Date: 1971-10-19
Parties: SHER BAZ vs THE STATE
Case cited as PLD 1961 Lah. 561
Court Name: Lahore High Court Judge(s): Sheikh Anwarul Haq, Saad Saood Jan Title: SHER BAZ vs THE STATE Case No.: Criminal Appeal No, 427 of 1968 Date of Judgment:1971-10-19 Reported As: 1987 MLD 1646 Result: Appeal dismissed JUDGMENT JUDGMENT ' ANWARUL HAQ, C.J.--The appellant Sher Baz has been convicted under section 302, P.P.C. By the learned Sessions Judge at Sargodha, and sentenced to undergo transportation for life, for the murder of Rab Nawaz. Both the appellant and the deceased belonged to village Chhaphar. Sharif in the jurisdiction of police station Khushab. 2. The facts alleged by the prosecution are very brief. There is said to be enmity between the appellant Sher Baz and Abdul Majid (P.W.9) owing to the fact that 8 or 9 years before the present occurrence Abdul Majid was alleged to have Murded the appellant's father. However, Abdul Majid was acquitted with the result that Sher Baz decided to take private revenge. On the 18th of December, 1965, at about mid-day, Abdul Majid was returning to the village after cutting green fodder. He was accompanied by the deceased Rab Nawaz and Manzoor (P.W.10). Shera (P.W.11), who is a Khalazad brother of the deceased and lives in another village, also joined them. As the party approached More Wandha near the Khanqah, the appellant Sher Baz suddenly appeared from the bushes and fired at his enemy Abdul Majid. The shot, however, missed Abdul Majid and hit Rab Nawaz who fell down. The appellant thereupon escaped from the spot.…
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