ALI vs THE STATE — 1971 PCRLJ 15

Citation: 1971 PCRLJ 15

Court: Lahore High Court

Year: 1970

Decision Date: 1970-09-23

Parties: ALI vs THE STATE

Headnotes

Case cited as 1971 PCRLJ 15

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Khan Title: ALI vs THE STATE Case No.: Criminal Appeal No. 869 of 1969 Date of Judgment:1970-09-23 Reported As: 1971 P Cr. L J 15 Result: d. JUDGMENT JUDGMENT Ali (30) and five other persons were tried by the Sessions Judge, Lyallpur at Jhang, for the murder of :- on the night between 11th and 12th October 1967, at about 9-00 p.m., in the Abadi of Chak No. 250/J. B., District Jhang. A number of witnesses were examined in support of the prosecution case. Ali, in his statement under section 342, Cr. P. C., urged that he committed the murders out of Ghairat under grave and sudden provocation. The co-accused, however, pleaded not guilty to the charge. The learned Sessions Judge disbelieved the prosecution witnesses. Accepting the statement made by Ali, he convicted Ali under section 304, Part 1, P. P. C. And sentenced him to rigorous imprisonment for 7 years. The co-accused were, however, acquitted. 2. Ali filed Criminal Appeal No. 869 of 1969, questioning his conviction and sentence. It was pleaded that since there was no corroboration, the learned Sessions Judge should not have accepted and acted upon the statement made by him (Ali). It was finally urged that the sentence awarded was very severe. 3. By order dated the 19th December 1969, the appeal was admitted in order to examine the question of sentence alone. 4. I have heard Mr. Manzur Hussain Sial, learned counsel for the appellant, and Messrs Muhammad Akhtar and…

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