ATTA MUHAMMAD And 5 Others vs The STATE Case No — 1970 SCMR 165

Citation: 1970 SCMR 165

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-11-12

Parties: ATTA MUHAMMAD And 5 Others vs The STATE

Headnotes

Result: Appeal partly accepted JUDGMENT JUDGMENT M. KHAN, J.-These six appellants were tried under section 302/149 of the Pakistan Penal Code for the murder of Allah Dita.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Mujibur Rahman Khan, Muhammad Yaqub Ali Khan Title: ATTA MUHAMMAD And 5 Others vs The STATE Case No.: Criminal Appeal No. 16 of 1969 Criminal Appeal No. 667 of 1967 Date of Judgment:1969-11-12 Reported As: 1970 SCMR 165 Result: Appeal partly accepted JUDGMENT JUDGMENT M. R. KHAN, J.-These six appellants were tried under section 302/149 of the Pakistan Penal Code for the murder of Allah Dita. They were also tried under section 148 of the Code. Four other persons, namely, Qaim Din, Bashir Ahmad, Nazir Ahmad and Sohna were also tried along with them under sec--tion 302/109, P. P. C. The trial Court convicted these six appellants under section 302/149 and sentenced each of them to suffer death. They were also found guilty under section 148, P. P. C., but no separate sentence was passed under that section. Of the four co-accused tried under section 302/109, P. P. C., Qaim Din died during the pendency of the trial and the remain--ing three were acquitted. The appellants preferred an appeal to the High Court of West Pakistan, Lahore, against their con--viction and sentences. The appeal and the death reference were heard by a Division Bench of that Court and were disposed of by a single judgment. The High Court dismissed the appeal and confirmed the death sentence imposed on each appellant. The present appeal, by special leave, is from the judgment of the High Court. The prosecution case is that the appellants and…

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