MUHAMMAD ABDULLAH vs MUHAMMAD SAPDAR KHAN AND Another — 1949 PLD 299

Citation: 1949 PLD 299

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-01-08

Parties: MUHAMMAD ABDULLAH vs MUHAMMAD SAPDAR KHAN AND Another

Headnotes

Case cited as PLD 1949 P C 299

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan Title: MUHAMMAD ABDULLAH vs MUHAMMAD SAPDAR KHAN AND Another Case No.: Criminal Appeal No. 37 of 1972 Date of Judgment:1969-01-08 Reported As: 1973 SCMR 26 Result: Appeal dismissed JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-This appeal, by special leave, is directed against the judgment of a Division Bench of the Lahore High Court, allowing Criminal Appeal No. 689 of 1969 and rejecting Murder Reference No. 226 of 1969. The respondent No. 1 herein was tried alongwith his brother Muhammad Rafiq and three others on charges under sections 148/ 149 and 323/149, Pakistan Penal Code, for having committee rioting variously armed with deadly weapons .In the evening of the 2nd of January 1968, and in furtherance of the common object of the unlawful assembly so formed committed the murder of their co-villager Muhammad Yusuf as also caused injuries to Muhammad Hussain and Allah Ditta. They were all convicted by the learned Additional Sessions Judge, Sialkot, on all the aforesaid charges and were sentenced to rigorous imprisonment for three years under section 148, Pakistan Penal Code and six months' rigorous imprisonment each on two counts under section 323/149, P. P. C. In respect of the charge under section 302/149, P. P. C., the first respondent was sentenced to death and the others were sentenced to transportation for life. They preferred a joint appeal against their convictions to…

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