SALEHON and MUHAMMAD KHAN AND 2 OthersMUHAMMAD KHAN AND 2 — 1972 SCMR 310

Citation: 1972 SCMR 310

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Petitioner: SALEHON and MUHAMMAD KHAN AND 2 OthersMUHAMMAD KHAN AND 2 JUDGMENT

Headnotes

Case cited as 1972 SCMR 310

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Sajjad Ahmad Jan Title:SALEHON and MUHAMMAD KHAN AND 2 OthersMUHAMMAD KHAN AND 2 JUDGMENT Reported As: 1972 SCMR 310, 1977 SCMR 492 Result: Order accordingly Judgment JUDGMENT SALAHUDDIN AHMED, J.-There are two appeals before us: Criminal Appeal No. 83 of 1970 is by Salehon, and it is ass of right. The appellant had been acquitted by the learned Additional Sessions Judge Lyallpur. The State filed an appeal from the order of acquittal and a Bench of two Judges of the Lahore High Court heard it. As the Judges were equally divided ' in their opinion about the guilt of this appellant, the matter was referred to a third Judge who found the appellant guilty and convicted and sentenced him to transportation for life under section 302/34 of the Pakistan Penal Code. Criminal Appeal No. 59 of 1971 is by Muhammad, Bashir and Ashraf, the three sons of appellant Salehon. They were convicted and sentenced by the learned Additional Sessions Judge, Lyallpur under section 302 read with 34 of the Pakistan Penal Code and sentenced to death. Their convictions were maintained and their sentences of death confirmed by the High Court. Leave was granted to these three appellants in view of the fact that the appeal of the co-convict Salehon was already before this Court under consideration. The occurrence took place on the 15th October 1966, at 7 a.m. Appellant Salehon and Haibat Khan deceased are real brothers.…

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