GHULAM MUHAMMAD--Convict vs THE STATE — 1971 PLD 850

Citation: 1971 PLD 850

Court: Lahore High Court

Year: 1971

Decision Date: 1971-03-09

Parties: GHULAM MUHAMMAD--Convict vs THE STATE

Headnotes

Case cited as PLD 1971 Lahore 850

Judgment Text

Court Name: Lahore High Court Judge(s): Maulvi Mushtaq Hussain, Ataullah Sajjad Title: GHULAM MUHAMMAD--Convict vs THE STATE Case No.: Criminal Appeal No, 490 of 1967 Date of Judgment:1971-03-09 Reported As: PLD 1971 Lahore 850 Result: Appeal allowed JUDGMENT JUDGMENT ATAULLAH SAJJAD, J.--Ghulam Muhammad appellant was convicted by Mr. Muhammad Zafarullah, Sessions Judge, Sargodha, under section 302 of the Pakistan Penal Code and sentenced to transportation for life for causing the death of Sharif, who was his employer. 2. The occurrence took place on the night between 28th and 29th of September 1965, at about 10- 30 p.m. in Chak No, 112/ Southern, Police Station, Sargodha Cantt. The F. I. R. Exh. P. J. was lodged by Ghulam Muhammad appellant himself in Police Station Cantt., Sargodha on 29th of September 1965 at 7-30 a. m. and was recorded by S. I. Muhammad Muzaffar Butt (P. W. 11) Ghulam Muhammad was accompanied by Anwarul Haq (P. W. 7) who is the Lambardar of the village. The distance between the police station and the place of occurrence is 14 miles. 3. There is no eye-witness in this case. The trial Court in arriving at the conclusion of the culpability of the appellant has relied upon the extra-judicial confession made by the appellant before Anwarul Haq (P. W. 7), Ghulam Jilani (P. W. 8), Zia-ul-Haq (P. W. 9) and Manzoor Husain (P. W. 10), the judicial confession made before Mr. Muhammad Siddiq (P. W. 5) Magistrate First Class, Sargodha, and the recoveries of the…

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