Dalmir, Mohammad Rafiq and Mohammad Munir vs The State — 1970 SCMR 840

Citation: 1970 SCMR 840

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Headnotes

Case cited as 1970 SCMR 840

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Waheeduddin Ahmad, Sajjad Ahmad Jan, Muhammad Yaqub Ali, M. R. JUDGMENT Reported As: 1970 SCMR 840 Result: Order accordingly Judgment JUDGMENT WAHIDUDDIN AHMAD, J.-This judgment will dispose of Criminal Appeal No. 1 of 1970 and Criminal Appeal No. 2 of 1970. These two appeals are by special leave against the judg--ment of the High Court of West Pakistan, Lahore, in Criminal Appeal No. 548 of 1968 (Murder Reference No. 172 of 1968), dated the 10th February 1969. Dalmir, Mohammad Rafiq and Mohammad Munir who are real brothers, were tried for the murder of Ibrahim on the night between 15th and 16th May 1967. The Sessions Judge, Lyallpur by judgment dated the 29th June 1968, convicted them under section 302/34, P. P. C. Dalmir was sentenced to death. Mohammad Rafiq and Mohammad Munir were sentenced to trans--portation for life and a fine of Rs. 2,000 each or in default of pay--ment of fine to suffer further rigorous imprisonment for two years each. The appellants challenged their conviction in Criminal Appeal No. 548 of 1968 (Murder Reference No. 172 of 1968), but their conviction was upheld by the High Court. The prosecution case is that Ibrahim deceased had his cattle--shed in Killa No. 3 of Square No. 18 of Chak No. 139/R. B. His brother Mohammad Din P. W. Had his cattle-shed in Killa No. 5 of Square No. 19 of the said Chak. The two deras were at a distance of 150 karams from each other. On the 15th May 1967, at about 11-30…

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