RUSTAM vs THE STATE- — 1970 PCRLJ 984

Citation: 1970 PCRLJ 984

Court: Lahore High Court

Year: 1969

Decision Date: 1969-12-04

Parties: RUSTAM vs THE STATE-

Headnotes

Case cited as 1970 PCRLJ 984

Judgment Text

Court Name: Lahore High Court Judge(s): Bashir-ud-Din Ahmad Title: RUSTAM vs THE STATE- Case No.: Criminal Appeal No. 818 and Murder Reference No. 22 of 1968 Date of Judgment:1969-12-04 Reported As: 1970 P Cr. L J 984 Result: Order accordingly JUDGMENT JUDGMENT Rustam is alleged to have murdered Noor Muhammad. He was tried by the learned Sessions Judge, Lyallpur, and was sentenced to death. The convicted person appealed and his case for confirmation of death sentence was referred to this Court under section 374, Cr. P. Code. The learned Judges of this Court comprising the Division Bench agreed with regard to the guilt of the appellant, but differed on the question of sentence with the result that the learned Chief Justice referred the case to me. 2. The murder took place in the afternoon of November 28, 1967. Noor Muhammad deceased was looking after his crop in Killa No. 12 of square No. 18, in Chak No. 630-GB, Lyallpur District, when Rustam appeared on the scene, challenged Noor Muhammad for opposing the marriage of his sister with the appellant and fired with a '12 bore shot gun with the result that the unfortunate man received a fatal injury, of which he died at the spot. The appellant was secured by the witnesses after he was given injuries by Muhammad Tufail with a stick. 3. The report was promptly lodged by Alam, father of the deceased, who had also sustained a head injury with the butt end of the gun at the hands of the appellant in his attempt to save his son. 4.…

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