Page 5 14. The learned counsel for the appellant relied on .The State v. Muhammad Akbar — 1966 PLD 432

Citation: 1966 PLD 432

Court: Lahore High Court

Year: 1970

Decision Date: 1970-02-09

Parties: BASHIR AHMAD vs THE STATE

Headnotes

where their Lordships dealing with the interpretation of section 59 of the Criminal Procedure Code observed as follows :- "The right of private person to make the arrest at all is confined by section 59 of the Code to the arrest of persons whom he actually sees committing a non-bailable and cognizable offence. The words "in his view" in section 59 are of the most specific nature, and in their natural and proper meaning, they are confined to things actually seen.

Judgment Text

Court Name: Lahore High Court Judge(s): Ataullah Sajjad, Muhammad Munir Farooqi Title: BASHIR AHMAD vs THE STATE Case No.: Criminal Appeal No. 718 and Murder Reference No. 236 of 1968 Date of Judgment:1970-02-09 Reported As: PLD 1970 Lahore 857 Result: H. JUDGMENT JUDGMENT ATAULLAH SAJJAD, J.---Bashir Ahmad, aged about 25/26 years, a resident of Seetal Mari, Police Station Saddar Multan has been convicted by Mr. Bashir Ahmad, Additional Sessions Judge, Muzaffargarh under section 302 of the Pakistan Penal Code for the murder of Abdul Halim and under section 307 of the Pakistan Penal Code for making a murderous assault on Qutab Din (P. W. 8). Fie was sentenced to death on the first Count and to seven years' rigorous imprisonment on the second. The sentence of imprisonment under section 307, P. P. C. Was to take effect if the sentence of death was not confirmed. The convict has appealed. There is also murder reference No. 236 of 1968 before us in this connection. This judgment will dispose of both the matters. 2. The occurrence took place on 5th of July 1967, at chhoti digarwela in Ward No. 4 of Mauza Shehr Sultan, District Muzaffargarb. The appellant was at that time accompanied by Mst. Anwari wife of Muhammad Sharif who has appeared at the trial as P. W. 6 Muhammad Hanif (P. W. 7) was proceeding along the bus stand in Shehr Sultan Town when be saw the appellant and Mst. Anwari with Bashir, Siddiq and Qutub Din aliav Qutba (P. W. 8). Bashir called Muhammad Hanif and told him…

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