SHER MUHAMMAD vs The STATE — 1972 PCRLJ 537

Citation: 1972 PCRLJ 537

Court: Lahore High Court

Year: 1970

Decision Date: 1970-12-23

Parties: SHER MUHAMMAD vs The STATE

Headnotes

Case cited as 1972 PCRLJ 537

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Zullah, Aslam Riaz Hussain Title: SHER MUHAMMAD vs The STATE Case No.: Criminal Appeal No. 676 of 1969 Date of Judgment:1970-12-23 Reported As: 1972 P Cr. L J 537 Result: Appeal allowed JUDGMENT JUDGMENT Muhammad Afzal Zullah, J.--Sher Muhammad alias Shera aged 16 years, but by appearance as noticed by the learned trial Court 21 years, has been convicted for the murder of Kartara, his co- villager, by the learned Additional Sessions Judge, Lahore, vide his judgment dated 9th of August 1969. He has been sentenced to death and a fine of Rs. 5,000 under section 544-A, Cr. P. C. The case is before us for the confirmation of the death sentence. The convict also, has filed an appeal. Both the matters are being disposed of together. 2. The prosecution case as disclosed in the statement of Narinjan (P. W. 8), a real brother of the deceased and the first in formant, are as follows:-- Kartara, a Christian of village Badhoke had borrowed Rs. 100 from the appellant. About four days before the occurrence which took place on the night between 30th September and 1st October 1968, Kundu (P. W. 7) told Narinjan that Shera appellant and Kartara deceased were about to die over the return of Rs. 100. This part of the prosecution case can be explained with reference to the F. I. R. wherein it is stated that Kartara had taken the loan from the appellant in connection with the purchase of a buffalo. When after some days the deceased failed…

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