NIAZ AHMAD vs The STATE — 1972 PCRLJ 1244

Citation: 1972 PCRLJ 1244

Court: Lahore High Court

Year: 1971

Decision Date: 1971-11-10

Parties: NIAZ AHMAD vs The STATE

Headnotes

Case cited as 1972 PCRLJ 1244

Judgment Text

Court Name: Lahore High Court Judge(s): Maulvi Mushtaq Hussain, Aslam Riaz Hussain Title: NIAZ AHMAD vs The STATE Case No.: Criminal Appeal No. 856 of 1967 Date of Judgment:1971-11-10 Reported As: 1972 P Cr. L J 1244 Result: Appeal dismissed JUDGMENT JUDGMENT Aslam Riaz Hussain, J.--Niaz Ahmad appellant, age< about 46 years, was tried by Sh. Bashir Ahmad, Additions Sessions Judge, Sahiwal, for offences under sections 376, 302 an< 380, P. P. C. for having committed rape on Mst. Kariman on th< night between 21/22-11-1966 and thereafter having strangled her to death and committed that of some articles including some pieces of gold ornaments belonging to Mst. Karim,an deceased. He was acquitted by the learned trial Court of the offence under section 376, P. P. C. but was found guilty of the offence under section 302, P. P. C. for which he was sentenced to transportation for life. The learned trial Judge, however, failed to record any finding with regard to the offence under section 380, P. P. C. or to award him any sentence for that offence. Niaz Ahmad appellant has filed this appeal through Jail against his conviction and sentence. 2. The facts of the case briefly stated are as follows:-- Ali Muhammad, his wife Mst. Kariman deceased and their son Sardar cobblers by caste, used to reside in Chak No. 207/ E. B. Police Station Ahmad Yar, District Sahiwal. Ali Mohd, died about 15/16 years ago. Subsequently when Sardar grew up he went over to Arifwala town and started working…

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