ALLAH BAKHSH And 2 Others vs The STATE — 1972 PCRLJ 761

Citation: 1972 PCRLJ 761

Court: Lahore High Court

Year: 1971

Decision Date: 1971-12-17

Parties: ALLAH BAKHSH And 2 Others vs The STATE

Headnotes

Case cited as 1972 PCRLJ 761

Judgment Text

Court Name: Lahore High Court Judge(s): Aslam Riaz Hussain Title: ALLAH BAKHSH And 2 Others vs The STATE Case No.: Criminal Appeal No, 115 of 1970 Date of Judgment:1971-12-17 Reported As: 1972 P Cr. L J 761 Result: Appeal allowed JUDGMENT JUDGMENT Allah Bakhsh, aged 35 years, Karam Ilahi, aged 45 years and Noor llahi, aged 50 years all real brothers inter se were tried by Mr. Muhammad Khurshid Khan, Sessions Judge, Mianwali, for the murder of Muhammad Khan (deceased) and making murderous assault on Muhammad Sher P. W. 11. He convicted all of them under section 302/34, P. P. C. and sentenced each one of them to transportation for life. For the attack on Muhammad Sher P. W. he convicted them under section 324/34, P. P. C. and sentenced them to 2 years' R. I. each. Both, the sentences were ordered to run concurrently. All the three convicted persons have come up in appeal to this Court. 2. The occurrence is said to have taken place at sargiwela on the night between 24/25-10-1968 in the area of village Gali, Police Station Chakrala, District Mianwali. The F. I. R. was lodged by Mehr Muhammad P. W. 9 at Police Station Chakrala on the next morning (i.e. 25-10-1968) at 10 a.m. It was recorded by Raja Amir Afsar S. I. P. W. l2. The prosecution story, as given in the F. I. R. briefly stated is that on the night between 24/25-10- 1968 Muhammad Khan deceased, Mehr Muhammad P. W. 9, Ali Khan P. W. 10 and Muhammad Sher P. W. 11 were sleeping in the common courtyard of the houses of the…

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