MUHAMMAD AMIN AND Another vs The STATE — 1971 SCMR 766

Citation: 1971 SCMR 766

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-11-02

Parties: MUHAMMAD AMIN AND Another vs The STATE

Headnotes

Case cited as 1971 SCMR 766

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: MUHAMMAD AMIN AND Another vs The STATE Case No.: Criminal Appeal No. 131 of 1969 Criminal Appeal No. 799 of 1967 Date of Judgment:1971-11-02 Reported As: 1971 SCMR 766 Result: Appeal dismissed JUDGMENT JUDGMENT WAHEEDUDDIN AHMAD, J.-This appeal by special leave is directed against the judgment of the former High Court of West Pakistan, Lahore, in Criminal Appeal No. ;99 of 196'7, dated the 25th November 1968. By this judgment the appeal was dismissed. Appellants Muhammad Amin and Atta Muhammad were tried for the murder of Luqman on the 7th September 1966 about sunset tune in the area of Wadhi and each of them was sentenced to transportation for life under section 302 read with section 34, P. P. C. This judgment was challenged before the former High Court of West Pakistan, Lahore and a Division Bench of the High Court upheld tile conviction of the appellants. Special leave was granted in this case to consider two questions. Firstly, as to what offence was committed by the appellants on the facts found in the present case. Secondly, whether in principle, it can be said that where no injury caused, is by itself sufficient in the ordinary course of nature to cause death, the offence cannot come one under section 302, P. P. C. Even though death has in fact resulted. The prosecution case is that on the 7th September 1966, a little before sunset, the deceased along…

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