G HAFFAR vs Tim STATE- — 1970 PCRLJ 696

Citation: 1970 PCRLJ 696

Court: Lahore High Court

Year: 1969

Decision Date: 1969-12-31

Parties: G HAFFAR vs Tim STATE-

Headnotes

Case cited as 1970 PCRLJ 696

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Zullah, Bashir-ud-Din Ahmad Title: G HAFFAR vs Tim STATE- Case No.: Criminal Appeal No. 769 of 1968 and Murder Reference No. 15 of 1969 Date of Judgment:- Reported As: 1970 P Cr. L J 696 Result: Appeal partly accepted JUDGMENT JUDGMENT BASHIRUDDIN AHMAD, J.-Ghaffar (31) alongwith his brother Fateh Muhammad (27) and Nazar Hussain (31) were tried for offences under sections 342/34 and 302134, P. P. C. By the Additional Sessions Judge, Gujrat, who acquitted Fateh Muhammad and Nazar Hussain of both the charges but convicted Ghaffar under section 342, P. P. C. To undergo rigorous imprison--ment for two years and also under section 302, P. P. C. For the murder of Ghulam Muhammad and sentenced him to suffer death. The sentence of imprisonment was ordered to take effect in the event of the death sentence being not confirmed by this Court. 2. The convicted person appealed and the case is also before us on reference under section 374, Cr. P. Code, for confirma--tion of the death sentence. We propose to dispose of the appeal as well as the reference by a single judgment. 3. The prosecution story, briefly narrated, is that on June 10, 1966. At degarwela, the deceased was called from his house by Nazar Hussain who took him to the house of his co-accused Ghaffar and Fateh Muhammad, where he was wrongfully confined, and administered a long and continuous beating by the appellant and his brother, Fateh Muhammad by means of a ghotna…

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