ALLAH BUKHSH vs Tits STATE — 1971 PCRLJ 211

Citation: 1971 PCRLJ 211

Court: Lahore High Court

Year: 1970

Decision Date: 1970-05-01

Parties: ALLAH BUKHSH vs Tits STATE

Headnotes

Case cited as 1971 PCRLJ 211

Judgment Text

Court Name: Lahore High Court Judge(s): Aslam Riaz Hussain, Bashir-ud-Din Ahmad Title: ALLAH BUKHSH vs Tits STATE Case No.: Criminal Appeal No. 441 of 1969 r. A. No. 56 of 1969 Date of Judgment:1970-05-01 Reported As: 1971 P Cr. L J 211 Result: Appeal allowed JUDGMENT JUDGMENT ASLAM RIAZ HUSSAIN, J.-Allah Bakhsh, aged 19 years, was tied under section 302 for the murder of his sister, Mst. Ghulam Fatima, and under section 317, P. P. C. For abandoning her son, aged one year, in a cotton field near the place of occurrence. He was found guilty under both the charges by the learned trial Court vide its order dated 12th April 1969 and was sentenced to death under sec-- tion 302, P. P. C. And to three years' R. 1. Under section 317, P. P. C. The sentence under section 317, P. P. C. Was ordered to take effect only if the death sentence is not confirmed by the High Court. Allah Bakhsh has filed an appeal against his conviction and sentence under both the charges and the case has also been referred to us under section 374, Cr. P. C. For confirmation of the death sentence. We propose to dispose of the appeal and the murder reference by a single order. 2. The facts of the prosecution case as stated by the prosecution witnesses are briefly as follows .:- Mst. Ghulam. Fatima alias Mst. Ghulaman deceased was the sister of Allah Bakhsh appellant. About 13 years ago she was abducted by Ramzan alias Ghulam. P. W. 11 (PLD 1964 Dacca 710), who was the resident of another Chak i.e. Chak No.…

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