HAIDER AND: Another vs THE STATE — 1971 PCRLJ 566

Citation: 1971 PCRLJ 566

Court: Lahore High Court

Year: 1971

Decision Date: 1971-04-23

Parties: HAIDER AND: Another vs THE STATE

Headnotes

Case cited as 1971 PCRLJ 566

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Munir Farooqi, Bashir-ud-Din Ahmad Title: HAIDER AND: Another vs THE STATE Case No.: Criminal Appeal No. 510 and Murder Reference No. 247 of 1968 Date of Judgment:1971-04-23 Reported As: 1971 P Cr. L J 566 Result: Appeal accepted JUDGMENT JUDGMENT MUHAMMAD MUNIR FARUQUEE, J.-Ghulam and his brother Haider (appellants) were tried along with Haider, son of Salehon and Ghulam Ali son of Baqri by the Additional Sessions Judge, Gujrat, for the murder of Suba (deceased) who acquitted their companions but convicting them under section 302/34, P. P. C., sentenced Ghulam (appellant) to transportation for life and Haider (appellant) to death on the 3rd of June 1968. They have filed this appeal to question the correctness of the order of their conviction and there is also before us the usual reference under section 374, Cr. P. C. For the confirmation of death sentence. We propose' to dispose of the to matters by this judgment. 2. The incident, involving the death of Suba (deceased) took place on the 21st of July 1966, at chhawela on the Gujrat-Phalia Road, in. The area of village Luk, Police Station Phalia, District Gujrat. 3. The prosecution case, ink brief, is that Suba (deceased) and Bahawal P. W. Were going towards the behk of the former, situate at a distance of one killa in the north of Phalia-Gujrat Road on the night of 19/20th of July 1966, at about Isha prayer the and found Ghulam (appellant) cutting a fallen kiker tree on the…

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