SHAH MUHAMMAD vs THE STATE — 1965 PLD 378

Citation: 1965 PLD 378

Court: Lahore High Court

Year: 1970

Decision Date: 1970-02-13

Parties: SHAH MUHAMMAD vs THE STATE

Headnotes

Case cited as PLD 1965 Lah. 378

Judgment Text

Court Name: Lahore High Court Judge(s): Shamim Hussain Qadri, Sher Bahadur Khan Title: SHAH MUHAMMAD vs THE STATE Case No.: Criminal Appeal No. 516 of 1968 Date of Judgment:1970-02-13 Reported As: PLD 1970 Lahore 757 Result: Appeal partly accepted JUDGMENT JUDGMENT SHAMEEM HUSSAIN KADRI, J.---Appellant Shah Muhammad was tried by the learned Sessions Judge, Lyallpur for the murder of Muhammad Saleem. On 4-6-1968, he convicted him under section 302, P. P. C. And sentenced him to transportation for life and a fine of Rs. 2,000 or in default of payment, to undergo further R. I. For three years. 2. Appellant Shah Muhammad brought up his nephew Muhammad Saleem and arranged for his marriage with Mst. Hamida. They were living together in the same courtyard. Shah Muhammad's wife had been sick for the last one year and he suspected Muhammad Saleem deceased and his wife Mst. Hamida to have played some black magic on her and on that account he was annoyed with them. On 27-9-1967 at about 6 p. m. Mst. Hamida was plastering the walls of her cattle shed and Muhammad Saleem, her husband, was helping her. The appellant came at the spot and remarked that they were plastering the walls of the cattle shed while his wife was sick on account of their bad act of black magic. Shah Muhammad immediately went in his house, brought a stick and gave a blow on the head of Muhammad Saleem who fell down unconscious. The occurrence was witnessed by Abdul Majid (P. W. 8) and Shadi (P. W. 9). They later…

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