FAZAL MUHAMMAD AND Another LAL vs THE STATE THE STATE — 1970 SCMR 405

Citation: 1970 SCMR 405

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: FAZAL MUHAMMAD AND Another LAL vs THE STATE THE STATE

Headnotes

Case cited as 1970 SCMR 405

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): N/A Title: FAZAL MUHAMMAD AND Another LAL vs THE STATE THE STATE Case No.:Criminal Appeal No. 129 of 1969 Criminal Appeal No. 128 of 1969 Criminal JUDGMENT Reported As: 1970 SCMR 405 Result: Appeals accepted Judgment JUDGMENT SAJJAD AHMAD, J.-This judgment will dispose of Crimi--nal Appeals Nos. 128 and 129 of 1969, which have been brought by special leave, the first by the appellants Fazal Muhammad and Muhammad Yusuf son of Allah Din and the second by Lai, all of whom along with three others, namely, Khuda Bakhsh, Muhammad and Muhammad Yusuf son of Pir Bakhsh, were accused of having formed an unlawful assembly and in the prosecution of its common object, committed the murder of seven persons and murderous assault on five others and also for having committed rioting armed with deadly weapons at pesh1wela on the 23rd of January 1966, in a street in village Maira Akku within the limits of Police Station Golra in the District of Rawalpindi. Lal appellant was tried separately from the others as he had allegedly absconded after the occurrence and was not arrested until 6-5-1967. The learned Sessions Judge, Rawalpindi, who held the trial of the appellants Fazal Muhammad and Muhammad Yusuf son of Allah Din, and Khuda Bakhsh, Muhammad, Muhammad Yusuf son of Pir Bakhsh, acquitted the latter three, but convicted Fazal Muhammad and Muhammad Yusuf appellants under section 302/34, P. P. C. (seven counts) with a sentence of death on each…

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