MUHAMMAD SHARIF vs SADDAR DIN AND 2 Other — 1972 SCMR 419

Citation: 1972 SCMR 419

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-10-14

Parties: MUHAMMAD SHARIF vs SADDAR DIN AND 2 Other

Headnotes

Case cited as 1972 SCMR 419

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan Title: MUHAMMAD SHARIF vs SADDAR DIN AND 2 Other Case No.: Criminal Appeal No: 59 of 1970 Criminal Appeal No. 82 of 1968 Date of Judgment:1970-10-14 Reported As: 1972 SCMR 419 Result: Appeal dismissed JUDGMENT JUDGMENT WAHEEDUDDIN AHMAD, J.-This appeal by special leave is directed against the judgme4ht of the High Court of West Pakistan, Lahore, in Criminal Appeal No.' 82 of 1968. By this judgment, the learned Judges of the High Court set aside the conviction of the respondents under section, 302/34, P. P. C., and convicted them under section 304, Part Il read with section 34, P. P. C. Wand sentenced them to three years' rigorous imprisonment each. Respondents Saddar Din and Ramzan alias Jano, were convicted under. Section 302/34, P.. P. C.'for the murder of Khurshid, a son of the appellant by the learned Additional Sessions Judge, Multan, who sentenced Saddar Din to death and Rdmzan to transportation for life. As stated above, on appeal, a Division Bench of the High Court of West Pakistan, Lahore, altered their conviction to section 304, Part II read with section 34, P, P. C. And sentenced them ; to three years' rigorous imprisonment. The prosecution case is that a month before the occurrence the deceased was in the service of Aziz and-his brother Abdul Hamid. They had a dispute with the respondents over the land. During this dispute the deceased had abused the respondents…

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