SARDARA AND 4 Others vs THE STATE — 1970 PCRLJ 181

Citation: 1970 PCRLJ 181

Court: Supreme Court of Pakistan

Year: 1959

Decision Date: 1959-10-21

Parties: SARDARA AND 4 Others vs THE STATE

Headnotes

Case cited as 1970 PCRLJ 181

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Muhammad Shahabuddin, Alvin R. Cornelius, Muhammad Munir Title: SARDARA AND 4 Others vs THE STATE Case No.: Criminal Appeal No. 49 of 1959 Criminal Appeal No. 631 of 1958 Date of Judgment:1959-10-21 Reported As: 1970 P Cr. L J 181 Result: Appeal dismissed JUDGMENT JUDGMENT CORNELIUS, J.-The appellants are Sardar, Ahmad and Mutalli, sons of Salehon, and two d1stant relations and partisans of theirs, namely; Baqri and his nephew Muhammad Bakhsh, all residents of Miana Gondal in the Gujrat District, and they stand convicted under section 148, and sections 302 and 325 read with section 149, Pakistan Penal Code for the murder of one Muhammad alias Kill among other offences. The circumstances of the murder were somewhat unusual. It took place at a short d1stance outside the town of Malakwal which is some 24 miles d1stant from Miana Gondal. Muhammad Killi may rightly be described as a bad character. Several witnesses for the prosecution who were related to him have admitted that he had escaped conviction in more than one case of murder and that at the time when he was killed, there were at least two cases, viz. For murder and for theft pending against him. It was in connection with the theft case that he had to come to Malakwal on the day in question, to appear before a Magistrate, Mr. Lodhi who was holding Court at the rest-house in that town. The enmity between the parties is traced to the murder of Mirza, a brother of Sardar…

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