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ISHAQUE vs THE STATE — 1970 PCRLJ 531

Citation: 1970 PCRLJ 531

Court: Lahore High Court

Year: 1969

Decision Date: 1969-10-03

Parties: ISHAQUE vs THE STATE

Headnotes

Case cited as 1970 PCRLJ 531

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Zullah, Bashir-ud-Din Ahmad Title: ISHAQUE vs THE STATE Case No.: Criminal Appeal No. 674 and Murder Reference No. 193 of 1968 Date of Judgment:1969-10-03 Reported As: 1970 P Cr. L J 531 Result: Sentence reduce JUDGMENT JUDGMENT DASHIRUDDIN AHMAD, J.-Ishaq (24) was tried for the murder of Sarja on May 29, 1967, by the learned Sessions Judge, Sahiwal, who convicted him under section 302, P. P. C. And sentenced him to suffer death. 2. The condemned person has appealed and the case is also before us on reference under section 374, Cr. P. Code, for confirmation of the death sentence. We propose to dispose of the appeal and the refer-rice by a single judgment. 3. The prosecution case, shortly stated, is that on the eventful day at about. Sunset, the appellant fatally assaulted the deceased inside the ihata of his father in Jhugian Marok by means of a hatchet with the result that the unfortunate man died at the spot. Sher Muhammad, Muhammad Nawaz, Ghumman, Pir Muhammad Anwar and Allahditta witnessed the occurrence. The motive for the murder was the suspicion that the deceased prosecuted a love intrigue with the sister of the appellant. 4. Leaving Muhammad Nawaz and others to guard the dead body, Sher Muhammad, a brother of the deceased, proceeded to Hujra Police Station, seven miles from the scene of the tragedy, and reaching there at 9-30 p.m: lodged the report Exh. P. A. 5. After scribing the report, A. S. I. Umar Hayat…

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