FAZAL-U R-RAHMAN AND 2 OTHERS--Convict vs THE STATE — 1970 PLD 206

Citation: 1970 PLD 206

Court: Lahore High Court

Year: 1971

Decision Date: 1971-03-03

Parties: FAZAL-U R-RAHMAN AND 2 OTHERS--Convict vs THE STATE

Headnotes

Case cited as PLD 1970 SC 206

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Zullah, Aslam Riaz Hussain Title: FAZAL-U R-RAHMAN AND 2 OTHERS--Convict vs THE STATE Case No.: Criminal Appeal No, 785 and Murder Reference No, 213 of 1969 Date of Judgment:1971-03-03 Reported As: PLD 1971 Lahore 883 Result: Appeal partly accepted JUDGMENT JUDGMENT ASLAM RIAZ HUSSAIN, J.--Allah Yar, aged 55 years and his two sons Fazal-ur-Rahman, aged 26 years and Falak Sher, aged 24 years, were tried by Malik Gul Baz Khan, Sessions Judge, Lyallpur, for an offence under section 302/34, P. P. C. for the murder of Saifullah deceased. All three of them were convicted and sentenced to death by the trial Court by its judgment dated 26th December 1969. They have come up in appeal against their conviction and sentences. The matter has also been referred to us under section 374, Cr. P. C. for the confirmation of their death sentences. Fazal-ur-Rahman, appellant, has also filed an appeal (Criminal Appeal No, 14 of 1970) against his conviction and sentence under section 13 of the Arms Ordinance awarded to him vide his order dated the 9th of October 1969, which was ordered by Mr. Justice Ataullah Sajjad on the 20th of April 1970, to be heard along with Criminal Appeal No, 785 of 1969. We propose to dispose of the above-noted two appeals as well as the murder reference, by a single judgment. 2. The prosecution version about the murder as stated in the F. I. R. lodged by Ghulam Muhammad P. W. 11, is briefly, as follows:-- The land…

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