GULSHER vs THE STATE — 1971 PCRLJ 400

Citation: 1971 PCRLJ 400

Court: Lahore High Court

Year: 1970

Decision Date: 1970-03-20

Parties: GULSHER vs THE STATE

Headnotes

Case cited as 1971 PCRLJ 400

Judgment Text

Court Name: Lahore High Court Judge(s): Ataullah Sajjad, Bashir-ud-Din Ahmad Title: GULSHER vs THE STATE Case No.: Criminal Appeal No. 198 and Murder Reference No. 86 of 1969 Date of Judgment:1970-03-20 Reported As: 1971 P Cr. L J 400 Result: Conviction altered JUDGMENT JUDGMENT ATAULLAH SAJJAD, J.-The appellant was tried for the murder of Ghulam Hassan his co-villager and was sentenced to death by Mr. Saeed Ahmad, Additional Sessions Judge, Multan, who was in Camp at Dera Ghazi Khan. The matter is also before us under section 374 of the Criminal Procedure Code. This order will dispose of the appeal as well as the murder reference. 2. The case of the prosecution is that the appellant had suspected a liaison between Mst. Phapal his wife and Ghulam Hassan deceased. The spouses had separated over a year before the occurrence and at the relevant the the woman was living with her brothers at Chah Dilshadwala. The deceased met Ghulam Husain (P. W. 6) whose father is his cousin, in Choti Town. Ghulam Husain P. W. Had gone there to purchase penicillin drops as his daughter was suffering from eyesore. The deceased had gone to Choti to purchase mithas (sweet citrus fruit) for his wife. They were on the \N-ay back to their village which is at a distance of three miles from Choti. They had reached the Basti of Jalal Hussain after covering a distance of one and a half mile, when they came across Fida Husain who was examined as C. W. 1. Ghulam Hassan deceased kept on traversing his way…

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