MUHAMMAD ALI vs The STATE — 1970 SCMR 485

Citation: 1970 SCMR 485

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-02-24

Parties: MUHAMMAD ALI vs The STATE

Headnotes

Case cited as 1970 SCMR 485

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: MUHAMMAD ALI vs The STATE Case No.:Criminal Appeal No. 425 of 1968 Petition for Special Leave to Appeal No. 92 of 1969 Date of Judgment:1970-02-24 Reported As: 1970 SCMR 485 Result: Petition dismissed Judgment ORDER WAHIDUDDIN AHMAD, J.-Petitioner Muhammad Ali, along with his two brothers Muhammad Ashraf and Muhammad Anwar and his cousin Muhammad Iqbal and his paternal uncles Abdul Karim and Fazal Haq, was tried by the learned Additional Sessions Judge, Sialkot for the murder of a co--- villager Muhammad Saleem under section 302/148/149, P. P. C. After forming an unlawful assembly with the object of murdering the deceased on the 6th January 1967, in the sugarcane field of Ghulam Hussain and Fazal Hussain in the area of village Gohad--pur, Tehsil and District Sialkot. The learned Additional Sessions Judge acquitted Abdul Karim and Fazal Haq by judgment dated the 29th May 1968 but convicted the petitioner and his two brothers Muhammad Ashraf and Muhammad Anwar and his cousin Muhammad Iqbal under sections 302/34, P. P. C. And sentenced each of them to death. This order was chal--lenged in Criminal Appeal No. 425 of 1968 in the High Court of West Pakistan, Lahore. A Division Bench of the West Pakistan High Court, by judgment dated the 22nd January 1969, acquitted the petitioner's brothers Muhammad Ashraf and Muhammad Anwar and his cousin Muhammad Iqbal but maintained the conviction…

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