SALEHON vs THE STATE — 1971 PCRLJ 224

Citation: 1971 PCRLJ 224

Court: Lahore High Court

Year: 1970

Decision Date: 1970-05-05

Parties: SALEHON vs THE STATE

Headnotes

Case cited as 1971 PCRLJ 224

Judgment Text

Court Name: Lahore High Court Judge(s): Shamim Hussain Qadri, Ataullah Sajjad Title: SALEHON vs THE STATE Case No.: Criminal Appeal No. 229 of 1967 Date of Judgment:1970-05-05 Reported As: 1971 P Cr. L J 224 Result: Appeal allowed JUDGMENT JUDGMENT ATAULLAH SAJJAD, J.-The appellant Salehon was tried along with his to sons, namely, Yara and Mulazim and his sister's son Khan, for the murder of Shahadat his co-villager. Salehon was convicted under section 302 of the Pakistan Penal Code and was sentenced to transportation for life while his co-accused were acquitted. 2. The occurrence took place some the after the night--fall on 14th of December 1964 in Kot Samail, Police Station Chiniot in the District of Jhang. The evidence is that the deceased and Theraj (P. W. 6) had developed friendship while both of them were employed with Syed Said Ahmed Shah of Rajoa. They left the service of Said Ahmad Shah after some the. Theraj came back home while Shahadat took service with Mehdi Husain (P. W. 11). During the period the deceased and Theraj were working with Said Ahmad Shah, the former. Developed love with Mst. Phapho, a niece of the appellant and sister of Khan his co-accused. Theraj used to carry the messages 'of the lovers to each other. 3. At about peshiwela prior to the night of the incident Shahadat deceased came on a mushki mare to Theraj P. W. In Tibbi Kamoka and asked him to convey his message to Mst. Phapho to meet him at the rajbah just after the sunset. The deceased said…

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