MUHAMMAD FAQIR vs THE STATE — 1971 PCRLJ 624

Citation: 1971 PCRLJ 624

Court: Lahore High Court

Year: 1971

Decision Date: 1971-11-12

Parties: MUHAMMAD FAQIR vs THE STATE

Headnotes

Case cited as 1971 PCRLJ 624

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema, Muhammad Afzal Zullah Title: MUHAMMAD FAQIR vs THE STATE Case No.: Criminal Appeal No. 729 and Murder Reference No. 179 of 1968 Date of Judgment:1971-11-12 Reported As: 1971 P Cr. L J 624 Result: Sentence reduce Judgment ORDER MUHAMMAD AFZAL ZULLAH, J.-By his judgment, dated 30th July 1968, the learned Additional Sessions Judge, Lyallpur,' has convicted Muhammad Faqir, aged about 48 years under section 302, P. P. C., and sentenced him to death, for the murder of one Niaz Ahmad in front of Abdullahpur Branch, of National Bank of Pakistan, Lyallpur, on 26th September 1967, at about 8 a.m. The convict; has appealed and the reference under section 374, Cr. P. C. Or the confirmation of the sentence of death awarded to him is also before us. Both the matters are being disposed of by this judgment. 2. The essential facts of this case are contained in the dying declaration of Niaz Ahmad recorded by a Magistrate about an hour after the occurrence. It is in Urdu. For convenience of reference its English translation is reproduced :- "At 8 a.m. Today I was going towards Bus Stand in search of some employment as a driver. When I passed in front of the Abdullahpur Branch of National Bank, the Chowkidar of the Bank whose name I do not know was on his duty. He abused me and told me not to pass that way. I replied that I shall pass on that way. On this he became enraged and fired a shot from his gun at me which hit me on the…

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