ASGHAR vs THE STATE Case No — 1970 PLD 878

Citation: 1970 PLD 878

Court: Lahore High Court

Year: 1969

Decision Date: 1969-12-31

Parties: ASGHAR vs THE STATE

Headnotes

JUDGMENT JUDGMENT BASHIRUDDIN AHMAD, J.---Asghar (36), his elder brother Shaukat (28) and their uncle Munir (40) were tried on a charge of double murder of Abdul Aziz and Abbas and attempted murder of Muhammad Akram, in furtherance of their common intention, on November 12, 1967, by the Additional Sessions Judge, Lahore, Camp Sheikhupura, who acquitted Shaukat and Munir on both the charges and convicted Asghar on each count under section 302, P. He was also convicted under section 307, P.

Judgment Text

Court Name: Lahore High Court Judge(s): Ataullah Sajjad, Bashir-ud-Din Ahmad Title: ASGHAR vs THE STATE Case No.: Criminal Appeal No. 824 of 1968 and Murder Reference No. 74 of 1969 Date of Judgment:- Reported As: PLD 1970 Lahore 878 Result: Q. JUDGMENT JUDGMENT BASHIRUDDIN AHMAD, J.---Asghar (36), his elder brother Shaukat (28) and their uncle Munir (40) were tried on a charge of double murder of Abdul Aziz and Abbas and attempted murder of Muhammad Akram, in furtherance of their common intention, on November 12, 1967, by the Additional Sessions Judge, Lahore, Camp Sheikhupura, who acquitted Shaukat and Munir on both the charges and convicted Asghar on each count under section 302, P. P. C. To suffer death. He was also convicted under section 307, P. P. C. For attempt at the life of Akram and was sentenced to transportation for life. The sentence of imprisonment was ordered to take effect in the event of death sentence being not confirmed by this Court. 2. The condemned-person appealed and the case is also before us under section 374, Cr. P. Code for confirmation of the death sentence. Muhammad Ashraf, the father of Asghar, filed Criminal Appeal No. 112 of 1969, from the order of the trial Judge confiscating the shot gun, Exh. P. 8, to the State. We propose to dispose of the appeals and the reference by a Single Judgment. 3. Shortly stated, the facts are that on the eventful day, at peshi-vela, Arshad had gone to the shop of Asghar at Nangal Waris Khan for purchasing a…

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