HUSSAIN BAKHSH vs THE STATE — 1971 PCRLJ 1331

Citation: 1971 PCRLJ 1331

Court: Lahore High Court

Year: 1970

Decision Date: 1970-05-11

Parties: HUSSAIN BAKHSH vs THE STATE

Headnotes

Case cited as 1971 PCRLJ 1331

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Munir Farooqi, Bashir-ud-Din Ahmad Title: HUSSAIN BAKHSH vs THE STATE Case No.: Criminal Appeal No. 432 of 1969 Date of Judgment:1970-05-11 Reported As: 1971 P Cr. L J 1331 Result: Appeal accepted JUDGMENT JUDGMENT MUHAMMAD MUNIR FARUQUI, J.-Hussain Bakhsh (appellant) son of Jundwada, caste Baloch resident of Choti Jamal K ban in D. G. Khan District, while undergoing a sentence of transportation for life was tried for the murder of a co-convict Farzand Ali (deceased) by the Sessions Judge, Bahawalpur, who found him guilty and convicting him under section 302, P. P. C. Sentenced him to death vide his order dated the 8th of May 1969. He has filed an appeal to question the correctness of this order and a usual reference under section 374, Cr. P. C. Is also before us. We propose to dispose of the to matters by this judgment. 2. The prosecution case in brief is that Hussain Bakhsh (appellant) and Farzand Ali (deceased) were living in a same cell of Block No. 15/2 on the 12th of March 1967 when the appellant was transferred to another cell. At about 2-30 p.m. On that day while moving out of this cell Hussain Bakhsh (appellant) wanted to carry with him the earthen pitcher meant for drinking water to which Farzand Ali (deceased) objected resulting in an altercation about it between them. Sher Khan another convict intervened and taking hold of the pitcher brought it out in the compound of the barrack but he failed to pacify the…

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