ALLAH DITTA AND Others vs The STATE Case No — 1970 SCMR 734

Citation: 1970 SCMR 734

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-05-22

Parties: ALLAH DITTA AND Others vs The STATE

Headnotes

Result: Appeals dismissed JUDGMENT JUDGMENT M. KHAN, J:-Ghulam Sarwar and Ashraf both of whom are sons of Khushi Muhammad are the appellants in Criminal Appeal No.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Mujibur Rahman Khan Title: ALLAH DITTA AND Others vs The STATE Case No.: Criminal Appeals- Nos. 103- and 102 of 1969 Date of Judgment:1970-05-22 Reported As: 1970 SCMR 734 Result: Appeals dismissed JUDGMENT JUDGMENT M. R. KHAN, J:-Ghulam Sarwar and Ashraf both of whom are sons of Khushi Muhammad are the appellants in Criminal Appeal No. 102 of 1969. Allah Ditta, son of Muhammad Hussain and Khalil, son of Suba are the appellants in Criminal Appeal No. 103 of 1969. These four appellants along with Khushi Muhammad and Sardar were tried for offences under section 148, 302/149, 307/149 (two counts) and 325/149 of the Pakistan Penal Code by the Additional Sessions Judge, Gujrat. Akbar, another son of Khushi Muhammad, who was said to have actively participated in the crimes as another member of the unlawful assembly, absconded and- could not, therefore, be placed on trial. The trial Judge convicted all the said six accused persons and sentenced them as under :- (i) Rigorous imprisonment for 3 years, each, under section 148, P. P. C. (ii) Transportation for life under section 302/149, P. P. C., each. (i.e) Rigorous imprisonment for 7 years, each, under section 326/149, P. P. C. (iv) Rigorous, imprisonment for 2 years, each, under section 325/149, . P. C. And (v) Rigorous imprisonment for one month each under section 323/149, P. P. C. The sentences under the various sections were ordered to run concurrently. On…

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