MUHAMMAD ARIF vs THE STATE — 1970 PCRLJ 402

Citation: 1970 PCRLJ 402

Court: Lahore High Court

Year: 1970

Decision Date: 1970-09-15

Parties: MUHAMMAD ARIF vs THE STATE

Headnotes

Case cited as 1970 PCRLJ 402

Judgment Text

Court Name: Lahore High Court Judge(s): Bashir-ud-Din Ahmad, Shoukat Ali Title: MUHAMMAD ARIF vs THE STATE Case No.: Criminal Appeal No. 767 and Murder Reference No. 219 of 1968 Date of Judgment:1970-09-15 Reported As: 1970 P Cr. L J 402 Result: Appeal allowed JUDGMENT JUDGMENT SHAUKAT ALI, J.-Muhammad Arif (22), Jafar Ali (20), Noor Khan (62), Hakim Ali (35) and Muhammad Shaft (50), were tried under sections 302/149 and 148, P. P. C. For having formed themselves into an unlawful assembly with the corlmon object of committing the murder of Hanif and in the prosecution of that common object to have actually on 3rd of November 1967, at digarwela (3/4 p.m.) committed the murder of said Hanif in the area of village Rukhanwala, within the jurisdiction of Police Station Lulliani, in the district of Lahore. The learned Additional Sessions Judge, Lahore Camp at Kasur, who tried them. Acquitted Jafar Ali, Noor Khan, Hakim Ali and Muhammad Shafi of both the charges, but convicted Muhammad Arif under section 302, P. P. C. For the murder of Hanif and ordered him to suffer death. The condemned person has appealed and the case is also before us under section 374, Cr. P. C. For confirmation of sentence of death. This judgment will dispose of the appeal and the reference. The accused are related inter se. Muhammad Arif appellant is a brother of Jafar Ali. Muhammad Shall is their maternal uncle. Hakim Ali is married to the sister of Muhammad Arif and Jafar Ali. 2. The case of the…

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