SIKANDAR AKBAR ALI AND 2 Others vs THE STATE THE STATE — 1971 SCMR 400

Citation: 1971 SCMR 400

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: SIKANDAR AKBAR ALI AND 2 Others vs THE STATE THE STATE

Headnotes

Case cited as 1971 SCMR 400

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman, Muhammad Yaqub Ali Khan Title: SIKANDAR AKBAR ALI AND 2 Others vs THE STATE THE STATE Case No.:Criminal Appeal No. 71 of 1970 Criminal Appeals Nos. 70 and 71 of 1970 JUDGMENT Reported As: 1971 SCMR 400 Result: Appeal dismissed Judgment JUDGMENT MUHAMMAD YAQUB ALI, J.-These appeals by special leave of the Court arise from the judgment and order of a Division Bench of the erstwhile High Court of West Pakistan, Lahore Seat, passed in criminal jurisdiction on the 29th April 1969. The High Court dismissed the appeal preferred by the two sets of appellants herein and confirmed the sentences of death imposed on each of them by the Sessions Judge, Lyallpur, for the offence under section 302 read with section 34, P. P. C. For the murder of one Allah Ditta. Leave to appeal was granted on the 17th October 1969, only to consider the nature of the offence committed by the appellants. It was contended by the learned counsel for the appellants that the injuries found on the person of Allah Ditta, deceased, were caused by the appellants with the knowledge that they were likely to cause death, but without the intention to cause death which alone would have brought the offence committed by them within the four corners of section 302, P. P. C. In other words the appellants had been guilty of the offence defined in Part (ii) of section 304, P. P. C. The following injuries were found on the person of the…

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