RAHMAN AND 2 Others vs The STATE — 1970 SCMR 701

Citation: 1970 SCMR 701

Court: Supreme Court of Pakistan

Year: 1959

Decision Date: 1959-10-23

Parties: RAHMAN AND 2 Others vs The STATE

Headnotes

Case cited as 1970 SCMR 701

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Muhammad Shahabuddin, Alvin R. Cornelius, Muhammad Munir Title: RAHMAN AND 2 Others vs The STATE Case No.: Criminal Appeal No. 48 of. 1959 Date of Judgment:1959-10-23 Reported As: 1970 SCMR 701 Result: Order accordingly JUDGMENT JUDGMENT SHAHABUDDIN, J.-Appellants Rahman, Manzur and Inayat were tried along with five others by the Sessions Judge, Gujranwala, on the charge that they formed themselves into an unlawful assembly with the common object of murdering one Inayat and causing injuries to four others. The Sessions Judge convicted appellant Rahman under section 302, P. P. C. For the offence of murder and sentenced him to death. He convicted him also of the offence of causing hurt punishable under sections 323/ 149, 325/ 149 and 326/ 149, P. P. C., as well as rioting under section 148, P. P. C. And sentenced him to various terms of imprisonment. The other accused including appellants Manzur and Inayat were convicted and sentenced to various terms of imprisonment under section 148, and sections 326, 325, all read with section 149. On appeal the learned Judges of the High Court came to the conclusion that there was no unlawful assembly, that the deceased was killed and the witnesses were injured in a sudden fight. They, therefore, confirmed the conviction of appellant Rahman under section 302, P. P. C. Maintaining the sentence of death, and set aside the other convictions and sentences imposed on him. Of the rest of the…

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