BAGU vs THE STATE — 1972 PLD 77

Citation: 1972 PLD 77

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-11-11

Parties: BAGU vs THE STATE

Headnotes

Case cited as PLD 1972 Supreme Court 77

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman, Mujibur Rahman Khan Title: BAGU vs THE STATE Case No.: Criminal Appeal No. 81 of 1968 Criminal Appeal No. 300 of 1967 Date of Judgment:1971-11-11 Reported As: PLD 1972 Supreme Court 77 Result: Appeal dismissed JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-The appellant was tried along with three others, namely, Suleman, Jehana and Lai, for the murder of one Sultan Ahmad, by the Additional Sessions Judge of Sahiwal who acquitted Jebana and Lai but convicted Suleman and the present appellant under section 302/34 of the Pakistan Penal Code. Suleman was sentenced to death, but the appellant was sentenced to transportation for life and a fine of Rs. 500 or--- in default, further imprisonment for six months. These two were also convicted under section 325/34 of the Pakistan Penal Code and sentenced to five years' rigorous imprisonment each along with a fine of Rs. 200 or, in default, further imprisonment for three months. On appeal and reference, a Division Bench of the High Court of West Pakistan dismissed the appeals of Suleman and the present appellant as also confirmed their sentences but at the same time issued a suo motu Rule under section 439, Criminal Procedure Code, calling upon the acquitted accused, Jehana and Lai, to show cause as to why their acquittals should not be set aside. Suleman and the present appellant obtained leave from this Court for re-examination of the evidence. Both the…

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